N.Y. Agriculture & Markets Law § 302: County agricultural and farmland protection board

§ 302. County agricultural and farmland protection board. 1. (a) A

county legislative body may establish a county agricultural and farmland

protection board which shall consist of eleven members, at least four of

whom shall be active farmers. At least one member of such board shall

represent agribusiness and one member may represent an organization

dedicated to agricultural land preservation. These six members of the

board shall reside within the county which the respective board serves.

The members of the board shall also include the chairperson of the

county soil and water conservation district's board of directors or an

employee of the county soil and water conservation district designated

by the chairperson, a member of the county legislative body, a county

cooperative extension agent, the county planning director and the county

director of real property tax services. The chairperson shall be chosen

by majority vote. Such board shall be established in the event no such

board exists at the time of receipt by the county legislative body of a

petition for the creation or review of an agricultural district pursuant

to section three hundred three of this article, or at the time of

receipt by the county of a notice of intent filing pursuant to

subdivision four of section three hundred five of this article. The

members of such board shall be appointed by the chairperson of the

county legislative body, who shall solicit nominations from farm

membership organizations except for the chairperson of the county soil

and water conservation district's board of directors or his or her

designee, the county planning director and director of real property tax

services, who shall serve ex officio. The members shall serve without

salary, but the county legislative body may entitle each such member to

reimbursement for actual and necessary expenses incurred in the

performance of official duties.

(b) After the board has been established, the chairperson of the

county legislative body shall appoint to it two qualified persons for

terms of two years each, two qualified persons for terms of three years

each and two qualified persons for a term of four years. Thereafter, the

appointment of each member shall be for a term of four years.

Appointment of a member of the county legislative body shall be for a

term coterminous with the member's term of office. Appointment of the

county planning director and county director of real property tax

services shall be coterminous with their tenure in such office. The

appointment of the chairperson of the county soil and water conservation

district's board of directors shall be for a term coterminous with his

or her designation as chairperson of the county soil and water

conservation district's board of directors. Any member of the board may

be reappointed for a succeeding term on such board without limitations

as to the number of terms the member may serve.

(c) The county agricultural and farmland protection board shall advise

the county legislative body and work with the county planning board in

relation to the proposed establishment, modification, continuation or

termination of any agricultural district. The board shall render expert

advice relating to the desirability of such action, including advice as

to the nature of farming and farm resources within any proposed or

established area and the relation of farming in such area to the county

as a whole. The board may review notice of intent filings pursuant to

subdivision four of section three hundred five of this article and make

findings and recommendations pursuant to that section as to the effect

and reasonableness of proposed actions involving the advance of public

funds or acquisitions of farmland in agricultural districts by

governmental entities. The board shall also assess and approve county

agricultural and farmland protection plans.

(d) A county agricultural and farmland protection board may request

the commissioner of agriculture and markets to review any state agency

rules and regulations which the board identifies as affecting the

agricultural activities within an existing or proposed agricultural

district. Upon receipt of any such request, the commissioner of

agriculture and markets shall, if the necessary funds are available,

submit in writing to the board (i) notice of changes in such rules and

regulations which he or she deems necessary, (ii) a copy of

correspondence with another agency if such rules and regulations are

outside his or her jurisdiction, including such rules and regulations

being reviewed, and his or her recommendations for modification, or

(iii) his or her reasons for determining that existing rules and

regulations be continued without modification.

(e) The county agricultural and farmland protection board shall notify

the commissioner and the commissioner of the department of environmental

conservation of any attempts to propose the siting of solid waste

management facilities upon farmland within an agricultural district.

2. Upon the request of one or more owners of land used in agricultural

production the board may review the land classification for such land

established by the department of agriculture and markets, consulting

with the district soil and water conservation office, and the county

cooperative extension service office. After such review, the board may

recommend revisions to the classification of specific land areas based

on local soil, land and climatic conditions to the department of

agriculture and markets.