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.
White Plains, NY
Recreational vehicles, boats, and trailers cannot be stored on streets. Residential zoning restricts storage in driveways and front yards — typically rear or...
White Plains, NY
Commercial vehicles over 10,000 lbs GVW cannot park overnight on residential streets. Delivery and service trucks allowed during active work only; daytime co...
White Plains, NY
Overnight on-street parking is restricted in many White Plains neighborhoods (typically 3 a.m.–5 a.m. prohibition unless posted otherwise). Residents may pur...
White Plains, NY
Retaining walls over 4 ft high (measured from bottom of footing to top of wall) require a Building Department permit and engineered drawings. Walls supportin...
White Plains, NY
White Plains prohibits chickens, roosters, and livestock in residential zones. City is urban/suburban and not zoned for agricultural use. No backyard chicken...
White Plains, NY
White Plains enforces the New York State Property Maintenance Code (19 NYCRR Part 1225) and Fire Code through its Department of Building. Single- or multiple...
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