Agriculture and Markets Law § 308 shields sound agricultural practices in certified agricultural districts from local nuisance suits and overrides unreasonably restrictive local laws.
Under AML § 308, the Commissioner of Agriculture and Markets issues opinions on whether a farm practice in an agricultural district is sound. Once a practice is found sound, it is presumed not to constitute a private nuisance, and a successful farmer-defendant is entitled to attorney's fees and costs. AML § 305-a further bars local governments from enacting laws that unreasonably restrict farm operations within a certified agricultural district. The statute applies statewide to any farm operation that meets the gross sales threshold and lies in a Section 303 district.
Local laws that unreasonably restrict farming may be invalidated; nuisance plaintiffs face dismissal and may owe the farmer's defense costs and attorney's fees.
See how New York's farm nuisance protection rules stack up against other locations.
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