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.
Schenectady, NY
Schenectady prohibits unreasonable noise that disturbs the peace, quiet, and repose of residents. Quiet hours run from 11:00 PM to 7:00 AM every day. The pla...
Schenectady, NY
Schenectady restricts on-street parking through posted signs, snow emergencies, and alternate-side rules in several neighborhoods. Vehicles may not be parked...
Schenectady, NY
Schenectady limits residential fence height to 4 feet in front yards and 6 feet in side and rear yards. Fences over the limit require a zoning variance from ...
Schenectady, NY
Schenectady requires all dogs to be on a leash no longer than 6 feet when off the owner's property. Dogs running at large are subject to impoundment. Owners ...
Schenectady, NY
Consumer fireworks are illegal in Schenectady under New York Penal Law §270.00. Schenectady County permits the sale and use of state-approved sparkling devic...
Schenectady, NY
Schenectady requires property owners to keep grass and weeds under 10 inches in height. Code Enforcement issues notices of violation, gives 7 to 10 days to c...
See how Schenectady's farm nuisance protection rules stack up against other locations.
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