2023 New York Laws › AGM - Agriculture and Markets › Article 25-AA - Agricultural Districts › 301 - Definitions.

§ 301. Definitions. When used in this article:
1.  "Agricultural  assessment value" means the value per acre assigned
  to land for assessment purposes determined pursuant to  the  capitalized
  value of production procedure prescribed by section three hundred four-a
  of this article.
2.  "Crops, livestock and livestock products" shall include but not be
  limited to the following:
a. Field  crops,  including  corn,  wheat,  oats,  rye,  barley,  hay,
  potatoes and dry beans.
b.  Fruits,  including apples, peaches, grapes, cherries, berries, and
  tree nuts.
c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets
  and onions.
d. Horticultural  specialties,  including  nursery  stock,  ornamental
  shrubs, ornamental trees and flowers.
e.  Livestock  and  livestock products, including cattle, sheep, hogs,
  goats, horses, poultry, ratites, such  as  ostriches,  emus,  rheas  and
  kiwis,  farmed  deer,  farmed buffalo, fur bearing animals, wool bearing
  animals, such as alpacas and llamas, milk, eggs and furs.
f. Maple sap.
g. Christmas trees derived from a  managed  Christmas  tree  operation
  whether dug for transplanting or cut from the stump.
h.  Aquaculture  products, including fish, fish products, water plants
  and shellfish.
i. Woody biomass, which means short rotation woody  crops  raised  for
  bioenergy, and shall not include farm woodland.
j. Apiary products, including honey, beeswax, royal jelly, bee pollen,
  propolis,  package  bees,  nucs  and  queens.  For  the purposes of this
  paragraph, "nucs" shall mean  small  honey  bee  colonies  created  from
  larger  colonies  including the nuc box, which is a smaller version of a
  beehive, designed to hold up to five frames from an existing colony.
k. Actively managed log-grown woodland mushrooms.
l. Industrial hemp as defined in section five  hundred  five  of  this
  chapter.
3.  "Farm  woodland"  means  land  used for the production of woodland
  products intended for sale, including but not limited to  logs,  lumber,
  posts and firewood. Farm woodland shall not include land used to produce
  Christmas  trees or land used for the processing or retail merchandising
  of woodland products.
4. "Land used in agricultural production" means not  less  than  seven
  acres  of land used as a single operation in the preceding two years for
  the production for sale of crops, livestock or livestock products of  an
  average  gross sales value of ten thousand dollars or more; or, not less
  than seven acres of land used in the preceding two years  to  support  a
  commercial  horse  boarding  operation  or a commercial equine operation
  with annual gross receipts of ten thousand dollars or more. Land used in
  agricultural production shall not include land or portions thereof  used
  for  processing  or  retail  merchandising  of  such crops, livestock or
  livestock products. Land used  in  agricultural  production  shall  also
  include:
a.   Rented  land  which  otherwise  satisfies  the  requirements  for
  eligibility for an agricultural assessment.
a-1. Land used by a not-for-profit institution  for  the  purposes  of
  agricultural  research  that  is  intended  to  improve  the  quality or
  quantity of crops, livestock or  livestock  products.  Such  land  shall
  qualify for an agricultural assessment upon application made pursuant to
  paragraph  (a)  of subdivision one of section three hundred five of this
  article, except that no minimum gross sales value shall be required.
b. Land of not less than seven acres used as a  single  operation  for
  the  production  for  sale  of  crops,  livestock or livestock products,
  exclusive of woodland products, which does not independently satisfy the
  gross sales  value  requirement,  where  such  land  was  used  in  such
  production  for  the  preceding two years and currently is being so used
  under a written rental arrangement of five or more years in  conjunction
  with land which is eligible for an agricultural assessment.
c.  Land  used  in  support  of  a  farm  operation  or  land  used in
  agricultural  production,  constituting  a  portion  of  a  parcel,   as
  identified  on  the  assessment roll, which also contains land qualified
  for an agricultural assessment. Such land shall include  land  used  for
  agricultural  amusements which are produced from crops grown or produced
  on the farm, provided that such crops are harvested and marketed in  the
  same  manner  as  other  crops  produced on such farm. Such agricultural
  amusements shall include, but not be limited to, so-called "corn  mazes"
  or "hay bale mazes".
d.  Farm  woodland  which  is  part  of land which is qualified for an
  agricultural assessment, provided,  however,  that  such  farm  woodland
  attributable  to  any separately described and assessed parcel shall not
  exceed fifty acres.
e. Land set aside through  participation  in  a  federal  conservation
  program  pursuant  to  title  one  of  the  federal food security act of
  nineteen  hundred  eighty-five  or  any  subsequent   federal   programs
  established  for the purposes of replenishing highly erodible land which
  has been depleted by continuous tilling or reducing  national  surpluses
  of agricultural commodities and such land shall qualify for agricultural
  assessment  upon application made pursuant to paragraph a of subdivision
  one of section three hundred  five  of  this  article,  except  that  no
  minimum gross sales value shall be required.
f. Land of not less than seven acres used as a single operation in the
  preceding  two  years for the production for sale of crops, livestock or
  livestock products of an average  gross  sales  value  of  ten  thousand
  dollars  or  more,  or  land  of  less than seven acres used as a single
  operation in the preceding two years for  the  production  for  sale  of
  crops,  livestock  or livestock products of an average gross sales value
  of fifty thousand dollars or more.
g. Land under a structure within which crops, livestock  or  livestock
  products  are produced, provided that the sales of such crops, livestock
  or livestock products meet the gross sales requirements of  paragraph  f
  of this subdivision.
h.  Land  that  is owned or rented by a farm operation in its first or
  second year of agricultural production, or, in the case of a  commercial
  horse  boarding operation in its first or second year of operation, that
  consists of (1) not less than seven acres used as a single operation for
  the production for sale of crops, livestock or livestock products of  an
  annual  gross  sales  value of ten thousand dollars or more; or (2) less
  than seven acres used as a single operation for the production for  sale
  of crops, livestock or livestock products of an annual gross sales value
  of  fifty  thousand  dollars  or  more;  or  (3)  land  situated under a
  structure within  which  crops,  livestock  or  livestock  products  are
  produced, provided that such crops, livestock or livestock products have
  an  annual gross sales value of (i) ten thousand dollars or more, if the
  farm operation uses seven or more acres in agricultural  production,  or
  (ii)  fifty  thousand  dollars  or more, if the farm operation uses less
  than seven acres in agricultural production; or (4) not less than  seven
  acres  used as a single operation to support a commercial horse boarding
  operation with annual gross receipts of ten thousand dollars or more.
i. Land of not less than seven acres used as a  single  operation  for
  the  production  for sale of orchard or vineyard crops when such land is
  used solely for the purpose of planting a new orchard  or  vineyard  and
  when  such  land  is  also  owned  or rented by a newly established farm
  operation  in  its  first,  second, third or fourth year of agricultural
  production.
j. Land of not less than seven acres used as a  single  operation  for
  the production and sale of Christmas trees when such land is used solely
  for  the purpose of planting Christmas trees that will be made available
  for sale, whether dug for transplanting or cut from the stump  and  when
  such  land  is  owned or rented by a newly established farm operation in
  its  first,  second,  third,  fourth  or  fifth  year  of   agricultural
  production.
k. Land used to support an apiary products operation which is owned by
  the  operation  and  consists  of (i) not less than seven acres nor more
  than ten acres used as a single operation in the preceding two years for
  the production for sale of crops, livestock or livestock products of  an
  average  gross  sales value of ten thousand dollars or more or (ii) less
  than seven acres used as a single operation in the preceding  two  years
  for the production for sale of crops, livestock or livestock products of
  an average gross sales value of fifty thousand dollars or more. The land
  used  to  support an apiary products operation shall include, but not be
  limited to, the land under a structure within which apiary products  are
  produced, harvested and stored for sale; and a buffer area maintained by
  the   operation   between   the   operation   and  adjacent  landowners.
  Notwithstanding any other provision of  this  subdivision,  rented  land
  associated  with  an  apiary  products  operation is not eligible for an
  agricultural assessment based on this paragraph.
l. Land that is owned or rented by a farm operation in  its  first  or
  second  year  of  agricultural production or in the case of a commercial
  equine operation, in  its  first  or  second  year  of  operation,  that
  consists  of not less than seven acres and stabling at least ten horses,
  regardless of ownership, that receives ten thousand dollars or  more  in
  gross  receipts  annually  from  fees generated through the provision of
  commercial equine  activities  including,  but  not  limited  to  riding
  lessons,  trail  riding  activities or training of horses or through the
  production for sale of crops,  livestock,  and  livestock  products,  or
  through both the provision of such commercial equine activities and such
  production.  Under  no circumstances shall this subdivision be construed
  to include operations whose primary on site function is horse racing.
m. Land used in silvopasturing shall be limited to up  to  ten  fenced
  acres per large livestock, including cattle, horses and camelids, and up
  to five fenced acres per small livestock, such as sheep, hogs, goats and
  poultry.  For  the  purposes of this subdivision, "silvopasturing" shall
  mean the intentional combination of trees, forages and livestock managed
  as a single integrated practice for  the  collective  benefit  of  each,
  including  the  planting of appropriate grasses and legume forages among
  trees for sound grazing and livestock husbandry.
n. Land of not less than seven acres used as a  single  operation  for
  the  production  for  sale of hops when such land is used solely for the
  purpose of planting a new hopyard and when such land is  also  owned  or
  rented by a newly established farm operation in its first, second, third
  or fourth year of agricultural production.
o.  Land  of  not less than seven acres used as a single operation for
  the production for sale of tree nuts when such land is used  solely  for
  the  purpose  of  planting  a new tree nut orchard and when such land is
  also owned or rented by a newly established farm operation in its first,
  second, third, fourth, fifth or sixth year of agricultural production.
5.  "Oil,  gas  or  wind  exploration,   development   or   extraction
  activities"  means  the  installation  and use of fixtures and equipment
  which are necessary for the exploration, development  or  extraction  of
  oil,  natural  gas  or  wind  energy,  including  access roads, drilling
  apparatus, pumping facilities, pipelines, and wind turbines.
6.  "Unique  and  irreplaceable agricultural land" means land which is
  uniquely suited for the production of high value crops,  including,  but
  not limited to fruits, vegetables and horticultural specialties.
7.  "Viable  agricultural  land" means land highly suitable for a farm
  operation as defined in this section.
8. "Conversion" means an outward or affirmative act changing  the  use
  of  agricultural  land  and  shall not mean the nonuse or idling of such
  land.
9. "Gross sales" means the proceeds from the sale of:
a. Crops, livestock and livestock products produced on  land  used  in
  agricultural  production  provided,  however,  that  whenever  a crop is
  processed before sale, the proceeds shall be based upon the market value
  of such crop in its unprocessed state;
b. Woodland  products  from  farm  woodland  eligible  to  receive  an
  agricultural assessment, not to exceed two thousand dollars annually;
c.  Honey,  royal  jelly, bee pollen, propolis and beeswax produced by
  bees in hives  located  on  land  used  in  agricultural  production  in
  conjunction with the same or an otherwise qualified farm operation;
d.  Maple  syrup  processed  from  maple  sap produced on land used in
  agricultural production in conjunction with the  same  or  an  otherwise
  qualified farm operation;
e.  Or  payments  received  by  reason  of  land set aside pursuant to
  paragraph e of subdivision four of this section;
f. Or payments received by thoroughbred breeders pursuant  to  section
  two  hundred fifty-four of the racing, pari-mutuel wagering and breeding
  law; and
g. Compost, mulch  or  other  organic  biomass  crops  as  defined  in
  subdivision   sixteen   of   this  section  produced  on  land  used  in
  agricultural production, not to exceed five thousand dollars annually.
11. "Farm operation" means the land and on-farm buildings,  equipment,
  manure   processing   and   handling  facilities,  and  practices  which
  contribute to  the  production,  preparation  and  marketing  of  crops,
  livestock and livestock products as a commercial enterprise, including a
  "commercial horse boarding operation" as defined in subdivision thirteen
  of this section, a "timber operation" as defined in subdivision fourteen
  of  this  section, "compost, mulch or other biomass crops" as defined in
  subdivision seventeen of this section and "commercial equine  operation"
  as  defined in subdivision eighteen of this section. Such farm operation
  may consist of one or more  parcels  of  owned  or  rented  land,  which
  parcels may be contiguous or noncontiguous to each other.
12.  "Agricultural  data  statement"  means  an identification of farm
  operations within an agricultural district located within  five  hundred
  feet  of  the  boundary  of  property  upon  which  an  action requiring
  municipal review and approval by the planning  board,  zoning  board  of
  appeals,  town  board,  or village board of trustees pursuant to article
  sixteen of the town law or article seven of the village law is proposed,
  as provided in section three hundred five-b of this article.
13.  "Commercial  horse  boarding  operation"  means  an  agricultural
  enterprise, consisting of at least seven acres and boarding at least ten
  horses,  regardless  of ownership, that receives ten thousand dollars or
  more in gross receipts annually from fees generated either  through  the
  boarding  of  horses  or  through  the  production  for  sale  of crops,
  livestock, and livestock products, or through  both  such  boarding  and

  such  production.  Under  no  circumstances  shall  this  subdivision be
  construed to include operations whose primary on site function is  horse
  racing.  Notwithstanding  any  other  provision  of  this subdivision, a
  commercial  horse boarding operation that is proposed or in its first or
  second year of operation may qualify as a farm operation  if  it  is  an
  agricultural  enterprise,  consisting  of  at  least  seven  acres,  and
  boarding at least ten horses, regardless of ownership, by the end of the
  first year of operation.
14. "Timber  operation"  means  the  on-farm  production,  management,
  harvesting,  processing  and  marketing  of  timber  grown  on  the farm
  operation into woodland products, including but  not  limited  to  logs,
  lumber,  posts  and firewood, provided that such farm operation consists
  of at least seven acres  and  produces  for  sale  crops,  livestock  or
  livestock  products  of  an  annual  gross  sales  value of ten thousand
  dollars or more and that the annual gross sales value of such  processed
  woodland  products  does not exceed the annual gross sales value of such
  crops, livestock or livestock products.
15. "Agricultural tourism" means activities, including the  production
  of  maple  sap  and  pure  maple products made therefrom, conducted by a
  farmer on-farm for the enjoyment and/or education of the  public,  which
  primarily  promote the sale, marketing, production, harvesting or use of
  the products of the farm and  enhance  the  public's  understanding  and
  awareness of farming and farm life.
16.  "Apiary  products  operation"  means  an agricultural enterprise,
  consisting of land owned by the operation,  upon  which  bee  hives  are
  located  and  maintained  for  the  purpose of producing, harvesting and
  storing apiary products for sale.
17. "Compost, mulch or other organic biomass crops" means the  on-farm
  processing,  mixing,  handling  or  marketing  of organic matter that is
  grown or produced by such farm operation to rid such farm  operation  of
  its  excess  agricultural  waste;  and the on-farm processing, mixing or
  handling of off-farm generated organic matter  that  is  transported  to
  such  farm  operation  and  is necessary to facilitate the composting of
  such farm operation's agricultural waste. This shall  also  include  the
  on-farm  processing,  mixing  or  handling of off-farm generated organic
  matter for use only on that farm operation. Such  organic  matter  shall
  include, but not be limited to, manure, hay, leaves, yard waste, silage,
  organic   farm   waste,  vegetation,  wood  biomass  or  by-products  of
  agricultural products that have been processed on such  farm  operation.
  The  resulting  products shall be converted into compost, mulch or other
  organic biomass crops that can be used as fertilizers, soil enhancers or
  supplements,  or  bedding  materials.  For  purposes  of  this  section,
  "compost"  shall be processed by the aerobic, thermophilic decomposition
  of solid organic constituents  of  solid  waste  to  produce  a  stable,
  humus-like material.
18.  "Commercial  equine  operation" means an agricultural enterprise,
  consisting of at least seven acres and stabling  at  least  ten  horses,
  regardless  of  ownership, that receives ten thousand dollars or more in
  gross receipts annually from fees generated  through  the  provision  of
  commercial  equine  activities  including,  but  not  limited  to riding
  lessons, trail riding activities or training of horses  or  through  the
  production  for  sale  of  crops,  livestock, and livestock products, or
  through both the provision of such commercial equine activities and such
  production. Under no circumstances shall this subdivision  be  construed
  to  include  operations  whose primary on site function is horse racing.
  Notwithstanding any other provision of this subdivision, an agricultural
  enterprise that is proposed or in its first or second year of  operation
  may  qualify as a commercial equine operation if it consists of at least

  seven acres and stables at least ten horses, regardless of ownership, by
  the end of the first year of operation.