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.
Mount Vernon, NY
Mount Vernon operates alternate-side parking for street cleaning and enforces residential permit parking in several districts. Non-residents cannot park over...
Mount Vernon, NY
Driveways must be paved, properly permitted curb cuts, and cannot block sidewalks. Parking on front lawns or unpaved areas is prohibited in residential zones.
Mount Vernon, NY
Recreational vehicles, boats, and trailers are generally prohibited from parking on public streets and in front-yard setbacks in residential zones. Storage i...
Mount Vernon, NY
Retaining walls over 4 ft measured from bottom of footing to top of wall require a building permit and sealed engineered drawings. Walls with surcharge (driv...
Mount Vernon, NY
A building permit from the Mount Vernon Building Department is required for most new fences and for replacements that change height, materials, or location. ...
Mount Vernon, NY
Chickens and livestock are prohibited in Mount Vernon residential zones. The city's dense urban character (~4 sq mi) excludes agricultural uses from zoning.
See how Mount Vernon's farm nuisance protection rules stack up against other locations.
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