Albany County, NY Right to Farm: Farm Nuisance Protection (2026)

" Section 153-4 then bars public- or private-nuisance findings against farm operations that meet six conditions: the practice is reasonable and necessary to the farm, is not negligent or reckless, follows generally accepted and sound agricultural practices, complies with local, state and federal law, does not threaten public health or safety, and does not obstruct navigable waters or public roads. Section 153-5 requires that anyone selling real property inside, or within 500 feet of, a state agricultural district give the buyer a written disclosure stating that farming activity, including noise, dust and odors, occurs in the area; the seller's agent must attach the notice to the purchase contract, and receipt is recorded on the Real Property Law § 333 transfer report.

Section 153-6 sets up a three-member dispute resolution committee (the Chair of the County Agricultural and Farmland Protection Board, the local town or city Supervisor, and a Cornell Cooperative Extension agent) to hear farm-neighbor conflicts. A complaint must be filed within 30 days of the incident, the committee must meet within 25 days to hear both sides, and it must issue a written decision within five days of that meeting; parties may not bring lawyers to the session. Filing with the committee is intended to happen before either party goes to court or seeks a determination from the state Commissioner of Agriculture and Markets under Agriculture and Markets Law § 308.