N.Y. Agriculture & Markets Law Section 305-A
Coordination of local planning and land use decision-making with the agricultural districts program

1.

Policy of local governments.

a.

Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened.

b.

Upon the request of any municipality, farm owner or operator, or a person or entity performing agricultural practices on behalf of a farm owner or operator, the commissioner shall render an opinion to the appropriate local government officials, as to whether farm operations would be unreasonably restricted or regulated by proposed changes in local land use regulations, ordinances or local laws pertaining to agricultural practices and to the appropriate local land use enforcement officials administering local land use regulations, ordinances, or local laws or reviewing a permit pertaining to agricultural practices.

c.

The commissioner, upon his or her own initiative or upon the receipt of a complaint from a person within an agricultural district, may bring an action to enforce the provisions of this subdivision.

Source: Section 305-A — Coordination of local planning and land use decision-making with the agricultural districts program, https://www.­nysenate.­gov/legislation/laws/AGM/305-A (updated Jul. 30, 2021; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Jul. 30, 2021

§ 305-A’s source at nysenate​.gov

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