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.
See how New York's agricultural zoning protection rules stack up against other locations.
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