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

§ 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.