N.Y. Agriculture & Markets Law § 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.

m. Cannabis when cultivated in accordance with the cannabis law.

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.