N.Y. Agriculture & Markets Law § 325: Agricultural protection

§ 325. Agricultural protection. 1. Subject to the availability of

funds, a program is hereby established to finance through state

assistance payments the state share of the costs of locally-led

agricultural and farmland protection activities. State assistance

payments for planning activities shall not exceed fifty thousand dollars

to each county agricultural and farmland protection board or one hundred

thousand dollars to two such boards applying jointly, and shall not

exceed fifty percent of the cost of preparing an agricultural and

farmland protection plan. State assistance payments for planning

activities shall not exceed twenty-five thousand dollars to each

municipality other than a county or fifty thousand dollars to two such

municipalities applying jointly, and shall not exceed seventy-five

percent of the cost of preparing an agricultural and farmland protection

plan. A county which has an approved farmland protection plan may after

one hundred twenty months from the date of such approval by the

commissioner apply for additional state assistance payments for planning

activities related to the updating of their current plan or development

of a new farmland protection plan. Such additional state assistance

payments shall not exceed fifty thousand dollars to each county

agricultural and farmland protection board or one hundred thousand

dollars to two such boards applying jointly, and shall not exceed fifty

percent of the cost of preparing an agricultural and farmland protection

plan. State assistance payments for implementation of approved

agricultural and farmland protection plans may fund up to seventy-five

percent of the cost of implementing the county plan or portion of the

plan for which state assistance payments are requested. State assistance

payments to such counties shall not exceed seventy-five percent of the

cost of implementing the local plan or portion of the plan for which

state assistance has been requested. Such maximum shall be increased by

a percentage equal to the percentage of the total eligible costs for

such specified projects that are contributed by the owner of the

agricultural land for which the project is being funded, provided,

however, that in no event shall the total of such state assistance

payments exceed eighty-seven and one-half percent of such eligible costs

for any specified project.

2. (a) A county agricultural and farmland protection board, two such

boards acting jointly, a municipality or two such municipalities acting

jointly shall make application to the commissioner in such manner as the

commissioner may prescribe. Application for state assistance payments

for planning activities may be made at any time after the county

agricultural and farmland protection board has formed and has elected a

chairperson. A county agricultural and farmland protection board may

make application for state assistance payments for plan implementation

at any time after the commissioner has approved a county agricultural

and farmland protection plan pursuant to section three hundred

twenty-four of this article. Application made jointly by two county

agricultural and farmland protection boards may be made after such

agricultural and farmland protection plan is approved by each county

pursuant to the provisions of section three hundred twenty-four of this

article. State assistance payments to such counties shall not exceed

seventy-five percent of the cost of implementing the county agricultural

and farmland protection plan or portion of the plan for which state

assistance has been requested. The commissioner may require such

information or additional planning as he or she deems necessary to

evaluate such a request for state assistance.

(b) Within a county, a municipality which has in place a local

farmland protection plan may apply and shall be eligible for

agricultural protection state assistance payments to implement its plan,

or a portion of its plan, provided the proposed project is endorsed for

funding by the agricultural and farmland protection board for the county

in which the municipality is located and that any plan developed on or

after January first, two thousand six complies with section three

hundred twenty-four-a of this article. State assistance payments to such

municipalities shall not exceed seventy-five percent of the cost of

implementing the local plan or portion of the plan for which state

assistance has been requested. Such maximum shall be increased by a

percentage equal to the percentage of the total eligible costs for such

specified projects that are contributed by the owner of the agricultural

land for which the project is being funded; provided, however, that in

no event shall the total of such state assistance payments exceed

eighty-seven and one-half percent of such eligible costs for any

specified project. The commissioner may require such information or

additional planning as he or she deems necessary to evaluate such a

request for state assistance.

(c) A soil and water conservation district may apply and shall be

eligible for agricultural protection state assistance payments to

implement a county or municipal agricultural and farmland protection

plan approved by the commissioner provided that the proposed project is

endorsed for funding by the county agricultural and farmland protection

board for the county in which the proposed project is located. A soil

and water conservation district, two such soil and water conservation

districts acting jointly, a soil and water conservation district and a

municipality acting jointly, or a soil and water conservation district

and a not-for-profit conservation organization acting jointly shall make

application to the commissioner in such manner as the commissioner may

prescribe. The proposed project must also be endorsed for funding by the

municipality in which the proposed project is located if the soil and

water conservation district is seeking agricultural protection state

assistance payments to implement an approved municipal agricultural and

farmland protection plan. State assistance payments to such soil and

water conservation districts shall not exceed seventy-five percent of

the cost of implementing the local plan or portion of the plan for which

state assistance has been requested. Such maximum shall be increased by

a percentage equal to the percentage of the total eligible costs for

such specified projects that are contributed by the owner of the

agricultural land for which the project is being funded; provided,

however, that in no event shall the total of such state assistance

payments exceed eighty-seven and one-half percent of such eligible costs

for any specified project. The commissioner may require such information

or additional planning as he or she deems necessary to evaluate such a

request for state assistance.

(d) A not-for-profit conservation organization may apply and shall be

eligible for agricultural protection state assistance payments to

implement a county or municipal agricultural and farmland protection

plan approved by the commissioner provided that the proposed project is

endorsed for funding by the county agricultural and farmland protection

board for the county in which the proposed project is located. The

proposed project must also be endorsed for funding by the municipality

in which the proposed project is located if the not-for-profit

conservation organization is seeking agricultural protection state

assistance payments to implement an approved municipal agricultural and

farmland protection plan. State assistance payments to such

not-for-profit organizations shall not exceed seventy-five percent of

the cost of implementing the local plan or portion of the plan for which

state assistance has been requested. Such maximum shall be increased by

a percentage equal to the percentage of the total eligible costs for

such specified projects that are contributed by the owner of the

agricultural land for which the project is being funded; provided,

however, that in no event shall the total of such state assistance

payments exceed eighty-seven and one-half percent of such eligible costs

for any specified project. The commissioner may require such information

or additional planning as he or she deems necessary to evaluate such a

request for state assistance.

(e) In evaluating applications for funding, the commissioner shall

give priority to projects intended to preserve viable agricultural land

as defined in section three hundred one of this chapter; that are in

areas facing significant development pressure; and that serve as a

buffer for a significant natural public resource containing important

ecosystem or habitat characteristics.

(f) In evaluating applications for funding, the commissioner shall

consider whether future physical climate risk due to sea level rise,

and/or storm surges and/or flooding, based on available data predicting

the likelihood of future extreme weather events, including hazard risk

analysis data if applicable, has been considered.

(g) In evaluating applications for funding, projects for protecting

agricultural land that include farmer-purchaser farmland protection

agreements are eligible for state assistance payments.

3. Upon receipt of a request for state assistance, the commissioner

shall review the request, consult with the advisory council on

agriculture and, within ninety days from the receipt of a complete

application, shall make a determination as to whether or not such

projects shall receive state assistance.