NY Agriculture and Markets Law §301-309 protects sound agricultural practices in certified Agricultural Districts from local ordinances and private nuisance suits. The Commissioner issues opinions on whether local laws unreasonably restrict farm operations. About 9 million acres are in Ag Districts statewide.
New York Agriculture and Markets Law Article 25-AA (sections 301-309) establishes the Agricultural Districts Program. Counties may certify Agricultural Districts on the petition of farm landowners, and roughly 9 million acres are currently enrolled statewide. Section 305-a prohibits local governments from enacting laws that "unreasonably restrict or regulate farm operations within agricultural districts" unless the law protects public health or safety. Farmers, county Ag and Farmland Protection Boards, and others may request a written opinion from the Commissioner of Agriculture and Markets on whether a local ordinance violates §305-a. Section 308 provides that sound agricultural practices on land within an Ag District are presumed not to constitute a private nuisance. Section 310 requires real estate disclosure to buyers of property near working farms.
Local ordinances found to violate §305-a are unenforceable against farm operations in Ag Districts. Farmers may seek injunctive relief and challenge enforcement actions. Nuisance suits against protected farm operations face a §308 presumption defense.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Colonie, NY
Abandoned vehicles in the Town of Colonie are handled under New York Vehicle and Traffic Law §1224 (Abandoned Vehicles), which makes the town in which a vehi...
Colonie, NY
Pool barriers in Colonie are governed by the International Swimming Pool and Spa Code (ISPSC) as adopted by reference in the NY State Uniform Code at 19 NYCR...
Colonie, NY
The Town of Colonie Zoning Law does not prescribe a closed list of permitted fence materials, but barbed wire, electrified fencing, and razor wire are genera...
Colonie, NY
Boundary and 'spite fence' disputes in Colonie are governed by New York State common law and statute, not the town zoning code. Real Property Actions and Pro...
Colonie, NY
The Town of Colonie requires a fence/zoning permit from the Department of Building & Code Enforcement before installing a fence, with a plot plan showing fen...
Colonie, NY
The Town of Colonie does not impose a numeric limit on the number of dogs, cats, or other companion animals per household. Chapter 79 Article III caps chicke...
See how Colonie's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.