New York Statewide Rule
New York Right to Farm. Ag & Markets Law §301-309
Key Facts
- Statutory Authority
- AGM Law §301-309. Agricultural Districts Law
- Agricultural
- Counties certify Agricultural Districts; ~9 million acres protected
- Prohibitions
- Local laws cannot unreasonably restrict farm operations
- Statutory Authority
- Commissioner of Ag & Markets issues §305-a opinions
- Farm Operations
- Farm operations in Ag Districts presumed not a nuisance
- Statutory Authority
- Disclosure to homebuyers near farms required (§310)
Summary
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.
3. Notwithstanding any other provisions of law, on any land in an agricultural district created pursuant to section three hundred three or land used in agricultural production subject to an agricultural assessment pursuant to section three hundred six of this article, an agricultural practice shall not constitute a private nuisance, when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the commissioner. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
What is a New York Agricultural District?
Can a town ban farming activities?
Can neighbors sue a farm for noise or odor?
Sources
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