N.Y. Agriculture & Markets Law § 303-b: Agricultural districts; inclusion of viable agricultural land

§ 303-b. Agricultural districts; inclusion of viable agricultural

land. 1. The legislative body of any county containing a certified

agricultural district shall designate an annual thirty-day period within

which a land owner may submit to such body a request for inclusion of

land which is predominantly viable agricultural land within a certified

agricultural district prior to the county established review period.

Such request shall identify the agricultural district into which the

land is proposed to be included, describe such land, and include the tax

map identification number and relevant portion of the tax map for each

parcel of land to be included.

2. Upon the termination of such thirty-day period, if any requests are

submitted, the county legislative body shall:

a. refer such request or requests to the county agricultural and

farmland protection board, which shall, within thirty days report to the

county legislative body its recommendations as to whether the land to be

included in the agricultural district consists predominantly of "viable

agricultural land" as defined in subdivision seven of section three

hundred one of this article and the inclusion of such land would serve

the public interest by assisting in maintaining a viable agricultural

industry within the district; and

b. publish a notice of public hearing in accordance with subdivision

three of this section.

3. The county legislative body shall hold a public hearing upon giving

notice in the following manner:

a. The notice of public hearing shall contain a statement that one or

more requests for inclusion of predominantly viable agricultural land

within a certified agricultural district have been filed with the county

legislative body pursuant to this section; identify the land, generally,

proposed to be included; indicate the time, date and place of the public

hearing, which shall occur after receipt of the report of the county

agricultural and farmland protection board; and include a statement that

the hearing shall be held to consider the request or requests and

recommendations of the county agricultural and farmland protection

board.

b. The notice shall be published in a newspaper having a general

circulation within the county and shall be given in writing directly to

those municipalities whose territory encompasses the lands which are

proposed to be included in an agricultural district and to the

commissioner.

4. After the public hearing, the county legislative body shall adopt

or reject the inclusion of the land requested to be included within an

existing certified agricultural district. Such action shall be taken no

later than one hundred twenty days from the termination of the thirty

day period described in subdivision one of this section. Any land to be

added shall consist of whole tax parcels only. Upon the adoption of a

resolution to include predominantly viable agricultural land, in whole

or in part, within an existing certified agricultural district, the

county legislative body shall submit the resolution, together with the

report of the county agricultural and farmland protection board and the

tax map identification numbers and tax maps for each parcel of land to

be included in an agricultural district to the commissioner.

5. Within thirty days after receipt of a resolution to include land

within a district, the commissioner shall certify to the county

legislative body whether the inclusion of predominantly viable

agricultural land as proposed is feasible and shall serve the public

interest by assisting in maintaining a viable agricultural industry

within the district or districts.

6. If the commissioner certifies that the proposed inclusion of

predominantly viable agricultural land within a district is feasible and

in the public interest, the land shall become part of the district

immediately upon such certification.