Amherst, NY Right to Farm: Agricultural Zoning Protection (2026)

The Town of Amherst's Zoning Ordinance (Chapter 203) sets aside two districts specifically to keep agriculture viable. Section 5-1-1 states the Agricultural (AG) district's purpose is "to provide for continued use of land for agricultural purposes, including farms, floriculture, orchards and nurseries promoting an environment conducive to the long-term stability of agriculture," and the AG use table lists animal husbandry, farm, plant nursery, and public or private stables as permitted open uses, alongside agricultural products sales, animal grooming/veterinary uses and dog day care as allowed commercial uses.

Section 3-3-1 creates a companion Suburban Agricultural (S-A) district meant "to provide areas for low-density, single-family detached residential development which would also accommodate farms, farm-related activities, and other nonintensive compatible uses," again permitting farms and public or private stables by right. Both districts limit development to not more than one principal residential structure per lot under §§ 3-3-2A and 5-1-2A, which keeps large parcels from being subdivided into house lots and preserves land in agricultural use. Amherst has not adopted a separate "right-to-farm" local law; the protection here runs through the AG and S-A zoning designations rather than a nuisance-immunity statute, so a farm's rights are defined by which uses its district permits.