Agriculture and Markets Law Article 25-AA governs certified agricultural districts statewide and limits how local zoning can apply to working farms inside them.
AML §§ 303 through 307 establish the procedure for landowners to form county-administered agricultural districts that are reviewed by the state every eight years. Within a district, AML § 305 caps benefit assessments for farms and bars certain non-farm taxes; AML § 305-a directs municipalities to act in a manner that does not unreasonably restrict or regulate farm operations. State agencies and authorities are also required to file Agricultural Data Statements for projects in districts. Localities retain authority to adopt right-to-farm overlay laws but may not contradict the state framework.
Local laws unreasonably restricting farm operations may be challenged before the Commissioner and invalidated by court order with attorney's fees to the prevailing farmer.
Albany, NY
Albany Police remove abandoned vehicles under New York Vehicle & Traffic Law §1224 and the city's 72-hour street-parking rule. A vehicle is "abandoned" under...
Albany, NY
Albany's Unified Sustainable Development Ordinance (Chapter 375) restricts where boats, boat trailers, campers, travel trailers, and recreational vehicles ma...
Albany, NY
New York is one of a small group of states with a "spite fence" statute on the books. Under Real Property Actions & Proceedings Law (RPAPL) §843, any fence o...
Albany, NY
Albany requires a building permit before constructing a new fence or replacing an existing one. Under USDO §375-98 ("Location of Fences and Walls"), fences i...
Albany, NY
Albany has no breed-specific dog ban. New York Agriculture & Markets Law §107(5) expressly preempts breed-specific legislation: municipalities may run their ...
Albany, NY
Albany permits up to six hens (no roosters) at any residential dwelling with a hen license issued by the City Clerk under Chapter 115, Article VIII. The appl...
See how Albany's agricultural zoning protection rules stack up against other locations.
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