New York Statewide Rule
Agricultural District Zoning in New York
Key Facts
- Statute
- AML Article 25-AA
- Review cycle
- 8 years per district
- Tax protection
- AML § 305
- Local restraint
- AML § 305-a
Summary
Agriculture and Markets Law Article 25-AA governs certified agricultural districts statewide and limits how local zoning can apply to working farms inside them.
Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened.
Full Breakdown
AML §§ 303 through 307 establish the procedure for landowners to form county-administered agricultural districts that are reviewed by the state every eight years. Within a district, AML § 305 caps benefit assessments for farms and bars certain non-farm taxes; AML § 305-a directs municipalities to act in a manner that does not unreasonably restrict or regulate farm operations. State agencies and authorities are also required to file Agricultural Data Statements for projects in districts. Localities retain authority to adopt right-to-farm overlay laws but may not contradict the state framework.
Violations & Penalties
Local laws unreasonably restricting farm operations may be challenged before the Commissioner and invalidated by court order with attorney's fees to the prevailing farmer.
Frequently Asked Questions
How do I add my New York farm to an agricultural district?
Can a New York town require special permits for a farm in an ag district?
Sources
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