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.
Utica, NY
Utica prohibits unreasonable noise that disturbs neighbors under City Code Chapter 2-19. Quiet hours run 10:00 PM to 7:00 AM Sunday through Thursday and 11:0...
Utica, NY
Utica enforces a 48-hour limit on continuous street parking and seasonal alternate-side parking rules under City Code Chapter 2-25. Overnight winter parking ...
Utica, NY
Utica limits front-yard fences to 4 feet in residential zones and rear/side-yard fences to 6 feet under Zoning Code Chapter 2-22. Fences over 6 feet require ...
Utica, NY
Utica requires all dogs to be leashed when off their owner's property under City Code Chapter 2-5. Leashes must not exceed 6 feet in length. Dogs running at ...
Utica, NY
Utica follows New York State Penal Law §270.00, which prohibits the possession, sale, and use of all consumer fireworks. Only ground-based sparkling devices ...
Utica, NY
Utica requires property owners to keep grass and weeds below 10 inches under City Code Chapter 2-13. Violations result in a written notice and 7 days to comp...
See how Utica's farm nuisance protection rules stack up against other locations.
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