N.Y. Agriculture & Markets Law § 308: Right to farm

§ 308. Right to farm. 1. a. The commissioner shall, in consultation

with the state advisory council on agriculture, issue opinions upon

request from any person as to whether particular agricultural practices

are sound.

b. Sound agricultural practices refer to those practices necessary for

the on-farm production, preparation and marketing of agricultural

commodities. Examples of activities which entail practices the

commissioner may consider include, but are not limited to, operation of

farm equipment; proper use of agricultural chemicals and other crop

protection methods; direct sale to consumers of agricultural commodities

or foods containing agricultural commodities produced on-farm;

agricultural tourism; "timber operation," as defined in subdivision

fourteen of section three hundred one of this article and construction

and use of farm structures. The commissioner shall consult appropriate

state agencies and any guidelines recommended by the advisory council on

agriculture. The commissioner may consult as appropriate, the New York

state college of agriculture and life sciences and the U.S.D.A. natural

resources conservation service, and provide such information, after the

issuance of a formal opinion, to the municipality in which the

agricultural practice being evaluated is located. The commissioner shall

also consider whether the agricultural practices are conducted by a farm

owner or operator as part of his or her participation in the AEM program

as set forth in article eleven-A of this chapter. Such practices shall

be evaluated on a case-by-case basis.

2. Upon the issuance of an opinion pursuant to this section, the

commissioner shall publish a notice in a newspaper having a general

circulation in the area surrounding the practice and notice shall be

given in writing to the owner of the property on which the practice is

conducted and any adjoining property owners. The opinion of the

commissioner shall be final, unless within thirty days after publication

of the notice a person affected thereby institutes a proceeding to

review the opinion in the manner provided by article seventy-eight of

the civil practice law and rules.

3. Notwithstanding any other provisions of law, on any land in an

agricultural district created pursuant to section three hundred three or

land used in agricultural production subject to an agricultural

assessment pursuant to section three hundred six of this article, an

agricultural practice shall not constitute a private nuisance, when an

action is brought by a person, provided such agricultural practice

constitutes a sound agricultural practice pursuant to an opinion issued

upon request by the commissioner. Nothing in this section shall be

construed to prohibit an aggrieved party from recovering damages for

personal injury or wrongful death.

4. The commissioner, in consultation with the state advisory council

on agriculture, shall issue an opinion within thirty days upon request

from any person as to whether particular land uses are agricultural in

nature. Such land use decisions shall be evaluated on a case-by-case

basis.

5. The commissioner shall develop and make available to prospective

grantors and purchasers of real property located partially or wholly

within any agricultural district in this state and to the general

public, practical information related to the right to farm as set forth

in this article including, but not limited to right to farm disclosure

requirements established pursuant to section three hundred ten of this

article and section three hundred thirty-three-c of the real property

law.