New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.8 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The filing of
				preliminary and final notices of intent shall not be required for acquisitions
				of land or any interest therein, nor for any subsequent construction or advance
				of funds for construction subject to notice requirements by a project sponsor
				on the land previously acquired where the owner(s) of such land sign(s) a
				document waiving the notice requirements contained in paragraphs (b) and (c) of
				section 305 (4)  of the Agriculture
				and Markets Law and provides a copy to the commissioner. All waivers shall be
				executed prior to undertaking the action and shall be provided to the
				commissioner as soon as possible thereafter. Waivers shall contain at least the
				following information:
Waiver
(r) -(u) [Reserved]
				  305(4) of the Agriculture
				  and Markets Law.
[Name, address and telephone ________
number - project sponsor] (signature)
[Name, address and telephone number - landowner(s)]
________
Date
[Individual Acknowledgment]
State of ________}
ss:
County of ________}
On the ________ day of ________, 19 ________, before me
				  personally came ________ to me known, and known to me to be the person
				  described in and who executed the foregoing instrument, and acknowledged to me
				  that he/she executed the same.
________
[Signature, with name printed underneath]
Notary Public, No. ________
________ County.
[Seal]
[Corporate Acknowledgment]
State of ________}
ss:
County of ________}
On the ________ day of ________ in the year ________, before
				  me personally came ________ to me known, who, being by me duly sworn, did
				  depose and say that he/she resides at ________; that he/she is the ________
				  [president or other officer or director] of the ________ [name of corporation],
				  the corporation described in and which executed the above instrument; that
				  he/she knows the seal of said corporation; that the seal affixed to said
				  instrument is such corporate seal; that it was so affixed by order of the board
				  of directors of said corporation, and that he/she signed his/her name thereto
				  by like order.
________
[Signature, with name printed underneath]
Notary Public, No. ________
________ County.
[Seal]
(b)
				The execution and provision to the commissioner of a waiver or waivers for only
				a portion of the lands involved in a proposed action shall not eliminate the
				obligation of the State agency, public benefit corporation or local government
				proposing the action to file a preliminary and final notice of intent for those
				lands not covered by a waiver or waivers.
(c) The execution and provision to the
				commissioner of a waiver of the notice requirements in section 305 (4)  of the Agriculture
				and Markets Law for the acquisition of land or interest in land for any phase
				of a multiple stage action, shall not eliminate the obligation of the State
				agency, public benefit corporation or local government to file preliminary and
				final notices of intent for the acquisition of land or interest in land for
				those stages for which a waiver of the notice requirements has not been
				obtained.
(d) The execution and
				provision of a waiver or waivers by owners of land involved in a proposed
				action shall not eliminate the obligation of the State agency, public benefit
				corporation or local government proposing the action to use all practicable
				means in undertaking an action to realize the policy and goals set forth in
				Article 25-AA of the Agriculture and Markets Law, and to act and choose
				alternatives which, consistent with social, economic and other essential
				considerations, to the maximum extent practicable, minimize or avoid adverse
				impacts on agriculture in order to sustain a viable farm enterprise or
				enterprises within the district, as required by section 305 (4)(a)  of the
				Agriculture and Markets Law.