N.Y. Agriculture & Markets Law § 303: Agricultural districts; creation

§ 303. Agricultural districts; creation. 1. Any owner or owners of

land may submit a proposal to the county legislative body for the

creation of an agricultural district within such county, provided that

such owner or owners own at least two hundred fifty acres of the land

proposed to be included in the district. Such proposal shall be

submitted in such manner and form as may be prescribed by the

commissioner, shall include a description of the proposed district,

including a map delineating the exterior boundaries of the district

which shall conform to tax parcel boundaries, and the tax map

identification numbers for every parcel in the proposed district. The

proposal shall include a review period of eight years.

2. Upon the receipt of such a proposal, the county legislative body:

a. shall thereupon provide notice of such proposal by publishing a

notice in a newspaper having general circulation within the proposed

district and by posting a notice on the home page of the county's

website; posting such notice in five conspicuous places within the

proposed district; and providing such notice in writing by first class

mail to those municipalities whose territory encompasses the proposed

district. The notice shall contain the following information:

(1) a statement that a proposal for an agricultural district has been

filed with the county legislative body pursuant to this article;

(2) a statement that the proposal will be on file open to public

inspection in the county clerk's office;

(3) a statement that any county landowner or municipality whose

territory encompasses the proposed district may propose a modification

of the proposed district in such form and manner as may be prescribed by

the commissioner;

(4) a statement that the proposed modification must be filed with the

county clerk and the clerk of the county legislature within thirty days

of the publication and posting and mailing of such notice; and

(5) a statement that at the termination of the thirty day period, the

proposal and proposed modifications will be submitted to the county

agricultural and farmland protection board and that thereafter a public

hearing will be held on the proposal, proposed modifications, and

recommendations of the county agricultural and farmland protection

board;

b. shall receive any proposals for modifications of such proposal

which may be submitted by proponents of the district, any county

landowners or municipalities within thirty days of the publication and

posting and mailing of such notice;

c. shall, upon the termination of such thirty day period, refer such

proposal and proposed modifications to the county agricultural and

farmland protection board, which shall, after consultation with the

county planning board, within forty-five days report to the county

legislative body its recommendations concerning the proposal and

proposed modifications; and

d. shall hold a public hearing in the following manner:

(1) The hearing shall be held at a place within the proposed district

or otherwise readily accessible to the proposed district;

(2) The notice shall contain the following information:

(a) a statement of the time, date and place of the public hearing;

(b) a description of the proposed district, any proposed additions and

any recommendations of the county agricultural and farmland protection

board; and

(c) a statement that the public hearing will be held concerning:

(i) the original proposal;

(ii) any written amendments proposed during the thirty day review

period; and

(iii) any recommendations proposed by the county agricultural and

farmland protection board;

(3) The notice shall be published in a newspaper having a general

circulation within the proposed district and posted on the home page of

the county's website and shall be given in writing by first class mail

to those municipalities whose territory encompasses the proposed

district and any proposed modifications, owners of real property within

such a proposed district or any proposed modifications who are listed on

the most recent assessment roll, the commissioner and the advisory

council on agriculture.

3. The following factors shall be considered by the county

agricultural and farmland protection board and identified as issues for

comment at the public hearing:

a. the viability of active farming within the proposed district and in

areas adjacent thereto;

b. the presence of any viable farm lands within the proposed district

and adjacent thereto that are not now in active farming;

c. the nature and extent of land uses other than active farming within

the proposed district and adjacent thereto;

d. county developmental patterns and needs; and

e. any other matters which the county legislative body deems to be

relevant.

In judging viability, any relevant agricultural viability maps

prepared by the commissioner shall be considered, as well as soil,

climate, topography, other natural factors, markets for farm products,

the extent and nature of farm improvements, the present status of

farming, anticipated trends in agricultural economic conditions and

technology, and such other factors as may be relevant.

4. The county legislative body, after receiving the report and

recommendations, including any recommendations of the county planning

board, of the county agricultural and farmland protection board and

after such public hearing, may adopt as a plan the proposal or any

modification of the proposal it deems appropriate or may act to reject

the proposal.

5. All plans that are adopted shall include: (a) a review period of

eight years; (b) only whole tax parcels in the proposed district; and

(c) to the extent feasible, include adjacent viable farm lands, and

exclude, to the extent feasible, nonviable farm land and non-farm land.

6. Upon the adoption of a plan, the county legislative body shall

submit it to the commissioner. Adopted plans shall be submitted within

one year after receipt of a complete proposal as described in

subdivision one of this section. The commissioner may, upon application

by the county legislative body and for good cause shown, extend the

period for submission once for up to six additional months.

7. The commissioner shall have sixty days after receipt of the plan

within which to certify to the county legislative body whether the plan

is eligible for districting, whether the area to be districted consists

predominantly of viable agricultural land, and whether the plan of the

proposed district is feasible, and will serve the public interest by

assisting in maintaining a viable agricultural industry within the

district and the state. The commissioner shall submit a copy of such

plan to the advisory council on agriculture.

8. If the commissioner certifies the plan of the proposed district

pursuant to subdivision seven of this section, the district shall be

created immediately upon certification.

9. Upon the creation of an agricultural district, the description

thereof, which shall include tax map identification numbers for all

parcels within the district, plus a map delineating the exterior

boundaries of the district in relation to tax parcel boundaries, shall

be filed by the county legislative body with the county clerk, the

county director of real property tax services, and the commissioner. The

commissioner, on petition of the county legislative body, may, for good

cause shown, approve the correction of any errors in materials filed

pursuant to a district creation at any time subsequent to the creation

of any agricultural district.