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.
Colonie, NY
The Town of Colonie restricts unreasonable noise audible at residential property lines, with quiet hours from 10:00 PM to 7:00 AM. The code addresses constru...
Colonie, NY
The Town of Colonie restricts overnight on-street parking from 2:00 AM to 6:00 AM on most residential streets, particularly during the November–April winter ...
Colonie, NY
The Town of Colonie limits residential fences to 4 feet in front yards and 6 feet in side and rear yards. Fences over 6 feet require a building permit. The f...
Colonie, NY
The Town of Colonie requires dogs to be under control by leash whenever off the owner's property. Annual licensing is required for dogs over 4 months old. Th...
Colonie, NY
The Town of Colonie regulates chickens under Article III: Confinement of Livestock of its Code (eCode360 https://ecode360.com/6718582). Chickens must be kept...
Colonie, NY
All aerial and exploding fireworks are illegal in the Town of Colonie under NY Penal Law §270.00. Albany County permits limited "sparkling devices" (ground-b...
See how Colonie's farm nuisance protection rules stack up against other locations.
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