A. 8082 2
11. "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a "commercial
horse boarding operation" as defined in subdivision thirteen of this
section, a "timber operation" as defined in subdivision fourteen of this
section, "compost, mulch or other biomass crops" as defined in subdivi-
sion [sixteen] SEVENTEEN of this section and "commercial equine opera-
tion" as defined in subdivision [seventeen] EIGHTEEN of this section.
Such farm operation may consist of one or more parcels of owned or rent-
ed land, which parcels may be contiguous or noncontiguous to each other.
S 4. Subdivision 12 of section 301 of the agriculture and markets law,
as added by chapter 534 of the laws of 1992, is amended to read as
follows:
12. "Agricultural data statement" means an identification of farm
operations within an agricultural district located within five hundred
feet of the boundary of property upon which an action requiring munici-
pal review and approval by the planning board, zoning board of appeals,
town board, or village board of trustees pursuant to article sixteen of
the town law or article seven of the village law is proposed, as
provided in section three hundred [five-a] FIVE-B of this article.
S 5. Subdivisions 16 and 17 of section 301 of the agriculture and
markets law, subdivision 16 as added by chapter 536 of the laws of 2008,
are renumbered subdivisions 17 and 18.
S 6. Section 303 of the agriculture and markets law, as amended by
chapter 797 of the laws of 1992, subdivision 1 as amended by chapter 463
of the laws of 2014, subparagraph 1 of paragraph a of subdivision 2 as
amended by chapter 213 of the laws of 2007, subparagraph 3 of paragraph
e of subdivision 2, and subdivisions 5 and 6 as amended by chapter 102
of the laws of 1998, subdivision 4 as amended by chapter 523 of the laws
of 2003, paragraph a of subdivision 5 and paragraph a of subdivision 6
as designated by chapter 687 of the laws of 2002 and subdivision 7 as
amended by chapter 357 of the laws of 1997, is amended to read as
follows:
S 303. Agricultural districts; creation. 1. Any owner or owners of
land may submit a proposal to the county legislative body for the
creation of an agricultural district within such county, provided that
such owner or owners own at least two hundred fifty acres [or at least
ten per cent] of the land proposed to be included in the district[,
whichever is greater]. Such proposal shall be submitted in such manner
and form as may be prescribed by the commissioner, shall include a
description of the proposed district, including a map delineating the
exterior boundaries of the district which shall conform to tax parcel
boundaries, and the tax map identification numbers for every parcel in
the proposed district. The proposal [may recommend an appropriate] SHALL
INCLUDE A review period of [either] eight[, twelve or twenty] years.
2. Upon the receipt of such a proposal, the county legislative body:
a. shall thereupon provide notice of such proposal by publishing a
notice in a newspaper having general circulation within the proposed
district and by POSTING A NOTICE ON THE HOME PAGE OF THE COUNTY'S
WEBSITE; posting such notice in five conspicuous places within the
proposed district; AND PROVIDING SUCH NOTICE IN WRITING BY FIRST CLASS
MAIL TO THOSE MUNICIPALITIES WHOSE TERRITORY ENCOMPASSES THE PROPOSED
DISTRICT. The notice shall contain the following information:
(1) a statement that a proposal for an agricultural district has been
filed with the county legislative body pursuant to this article;
A. 8082 3
(2) a statement that the proposal will be on file open to public
inspection in the county clerk's office;
(3) a statement that any COUNTY LANDOWNER OR municipality whose terri-
tory encompasses the proposed district [or any landowner who owns at
least ten per cent of the land proposed to be included within the
proposed modification of the proposed district] may propose a modifica-
tion of the proposed district in such form and manner as may be
prescribed by the commissioner [of agriculture and markets];
(4) a statement that the proposed modification must be filed with the
county clerk and the clerk of the county legislature within thirty days
[after] OF the publication AND POSTING AND MAILING of such notice; AND
(5) a statement that at the termination of the thirty day period, the
proposal and proposed modifications will be submitted to the [county
planning board and] county agricultural and farmland protection board
and that thereafter a public hearing will be held on the proposal,
proposed modifications, and recommendations of the [planning board and]
county agricultural and farmland protection board;
b. shall receive any proposals for modifications of such proposal
which may be submitted by [such landowners or] PROPONENTS OF THE
DISTRICT, ANY COUNTY LANDOWNERS OR municipalities within thirty days
[after] OF the publication AND POSTING AND MAILING of such notice;
c. shall, upon the termination of such thirty day period, refer such
proposal and proposed modifications to the county [planning board, which
shall, within forty-five days, report to the county legislative body the
potential effect of such proposal and proposed modifications upon the
county's planning policies and objectives;
d. shall simultaneously, upon the termination of such thirty day peri-
od, refer such proposal and proposed modifications to the county] agri-
cultural and farmland protection board, which shall, AFTER CONSULTATION
WITH THE COUNTY PLANNING BOARD, within forty-five days report to the
county legislative body its recommendations concerning the proposal and
proposed modifications[, and]; AND
[e.] D. shall hold a public hearing in the following manner:
(1) The hearing shall be held at a place within the proposed district
or otherwise readily accessible to the proposed district;
(2) The notice shall contain the following information:
(a) a statement of the time, date and place of the public hearing;
(b) a description of the proposed district, any proposed additions and
any recommendations of the [county planning board or] county agricul-
tural and farmland protection board; AND
(c) a statement that the public hearing will be held concerning:
(i) the original proposal;
(ii) any written amendments proposed during the thirty day review
period; AND
(iii) any recommendations proposed by the county agricultural and
farmland protection board [and/or the county planning board.];
(3) The notice shall be published in a newspaper having a general
circulation within the proposed district AND POSTED ON THE HOME PAGE OF
THE COUNTY'S WEBSITE and shall be given in writing BY FIRST CLASS MAIL
to those municipalities whose territory encompasses the proposed
district and any proposed modifications, owners of real property within
such a proposed district or any proposed modifications who are listed on
the most recent assessment roll, the commissioner[, the commissioner of
environmental conservation] and the advisory council on agriculture.
A. 8082 4
3. The following factors shall be considered by the [county planning
board, the] county agricultural and farmland protection board[,] and
IDENTIFIED AS ISSUES FOR COMMENT at [any] THE public hearing:
[i.] A. the viability of active farming within the proposed district
and in areas adjacent thereto;
[ii.] B. the presence of any viable farm lands within the proposed
district and adjacent thereto that are not now in active farming;
[iii.] C. the nature and extent of land uses other than active farming
within the proposed district and adjacent thereto;
[iv.] D. county developmental patterns and needs; and
[v.] E. any other matters which [may] THE COUNTY LEGISLATIVE BODY
DEEMS TO be relevant.
In judging viability, any relevant agricultural viability maps
prepared by the commissioner [of agriculture and markets] shall be
considered, as well as soil, climate, topography, other natural factors,
markets for farm products, the extent and nature of farm improvements,
the present status of farming, anticipated trends in agricultural
economic conditions and technology, and such other factors as may be
relevant.
4. The county legislative body, after receiving the [reports of the
county planning board and] REPORT AND RECOMMENDATIONS, INCLUDING ANY
RECOMMENDATIONS OF THE COUNTY PLANNING BOARD, OF the county agricultural
and farmland protection board and after such public hearing, may adopt
as a plan the proposal or any modification of the proposal it deems
appropriate[, and shall adopt as part of the plan an appropriate review
period of either eight, twelve or twenty years. The plan as adopted
shall, to the extent feasible, include adjacent viable farm lands, and
exclude, to the extent feasible, nonviable farm land and non-farm land.
The plan shall include only whole tax parcels in the proposed district.
The county legislative body shall act to adopt or reject the proposal,
or any modification of it, no later than one hundred eighty days from
the date the proposal was submitted to this body. Upon the adoption of a
plan, the county legislative body shall submit it to the commissioner.
The commissioner may, upon application by the county legislative body
and for good cause shown, extend the period for adoption and submission
once for an additional thirty days. Where he or she does so, the county
legislative body may extend the period for the report from the county
planning board and/or the period for the report from the county agricul-
tural and farmland protection board] OR MAY ACT TO REJECT THE PROPOSAL.
5. [a.] ALL PLANS THAT ARE ADOPTED SHALL INCLUDE: (A) A REVIEW PERIOD
OF EIGHT YEARS; (B) ONLY WHOLE TAX PARCELS IN THE PROPOSED DISTRICT; AND
(C) TO THE EXTENT FEASIBLE, INCLUDE ADJACENT VIABLE FARM LANDS, AND
EXCLUDE, TO THE EXTENT FEASIBLE, NONVIABLE FARM LAND AND NON-FARM LAND.
6. UPON THE ADOPTION OF A PLAN, THE COUNTY LEGISLATIVE BODY SHALL
SUBMIT IT TO THE COMMISSIONER. ADOPTED PLANS SHALL BE SUBMITTED WITHIN
ONE YEAR AFTER RECEIPT OF A COMPLETE PROPOSAL AS DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION. THE COMMISSIONER MAY, UPON APPLICATION BY THE
COUNTY LEGISLATIVE BODY AND FOR GOOD CAUSE SHOWN, EXTEND THE PERIOD FOR
SUBMISSION ONCE FOR UP TO SIX ADDITIONAL MONTHS.
7. The commissioner shall have sixty days after receipt of the plan
within which to certify to the county legislative body whether the
[proposal, or a modification of the proposal,] PLAN is eligible for
districting, whether the area to be districted consists predominantly of
viable agricultural land, and whether the plan of the proposed district
is feasible, and will serve the public interest by assisting in main-
taining a viable agricultural industry within the district and the
A. 8082 5
state. The commissioner shall submit a copy of such plan to the [commis-
sioner of environmental conservation, who shall have thirty days within
which to report his or her determination to the commissioner. A copy of
such plan shall also be provided to the] advisory council on agricul-
ture. [The commissioner shall not certify the plan as eligible for
districting unless the commissioner of environmental conservation has
determined that the area to be districted is consistent with state envi-
ronmental plans, policies and objectives.
6. a. Within sixty days after the certification by the commissioner
that the proposed area is eligible for districting, and that districting
would be consistent with state environmental plans, policies and objec-
tives, the county legislative body may hold a public hearing on the
plan, except that it shall hold a public hearing if the plan was modi-
fied by the commissioner or was modified by the county legislative body
after they held the public hearing required by paragraph e of subdivi-
sion two of this section and such modification was not considered at the
original hearing. Notice of any such hearing shall be in a newspaper
having general circulation in the area of the proposed district and
individual notice, in writing, to those municipalities whose territories
encompass the proposed district modifications, the persons owning land
directly affected by the proposed district modifications, the commis-
sioner, the commissioner of environmental conservation and the advisory
council on agriculture. The proposed district, if certified without
modification by the commissioner, shall become effective thirty days
after the termination of such public hearing or, if there is no public
hearing, ninety days after such certification unless its creation is
disapproved by the county legislative body within such period. Provided,
however, that if, on a date within the thirty days after the termination
of such public hearing or, if there is no public hearing, within the
ninety days after such certification, the county legislative body
approves creation of the district, such district shall become effective
on such date. Provided further, that notwithstanding any other provision
of this subdivision, if the commissioner modified the proposal, the
district shall not become effective unless the county legislative body
approves the modified district; such approval must be given on a date
within the thirty days after the termination of the public hearing; and
the district, if approved, shall become effective on such date. Before
approving or disapproving any proposal modified by the commissioner, the
county legislative body may request reports on such modified proposal,
from the county planning board and the county agricultural and farmland
protection board.
7.] 8. IF THE COMMISSIONER CERTIFIES THE PLAN OF THE PROPOSED DISTRICT
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE DISTRICT SHALL BE
CREATED IMMEDIATELY UPON CERTIFICATION.
9. Upon the creation of an agricultural district, the description
thereof, which shall include tax map identification numbers for all
parcels within the district, plus a map delineating the exterior bounda-
ries of the district in relation to tax parcel boundaries, shall be
filed by the county legislative body with the county clerk, the county
director of real property tax services, and the commissioner. [For all
existing agricultural districts, the county clerk shall also file with
the commissioner upon request the tax map identification numbers for tax
parcels within those districts.] The commissioner, on petition of the
county legislative body, may, for good cause shown, approve the
correction of any errors in materials filed pursuant to a district
A. 8082 6
creation at any time subsequent to the creation of any agricultural
district.
S 7. Section 303-a of the agriculture and markets law, as added by
chapter 357 of the laws of 1997, paragraph b of subdivision 2 as added,
paragraph c of subdivision 2 as relettered, and clause (b) of subpara-
graph 3 of paragraph c of subdivision 2 and subdivision 3 as amended by
chapter 213 of the laws of 2007, subdivision 4 as added by chapter 290
of the laws of 1999 and subdivision 5 as amended by chapter 120 of the
laws of 2010, is amended to read as follows:
S 303-a. Agricultural districts; review. 1. The county legislative
body shall review any district created under [this] section THREE
HUNDRED THREE OF THIS ARTICLE eight[, twelve or twenty] years after the
date of its creation[, consistent with the review period set forth in
the plan creating such district] and at the end of every eight[, twelve
or twenty] year period thereafter[, whichever may apply. In counties
with multiple districts with review dates in any twelve month period,
the commissioner, on petition of the county legislative body, may, for
good cause shown, approve an extension of up to four years for a
district review. Thereafter, the extended review date shall be deemed
the creation date for purposes of subsequent reviews by the county
legislative body in accordance with this section. The review date of a
district may not be extended more than four years. The petition of the
county legislative body for an extension shall be submitted to the
commissioner at least six months prior to the review date].
2. In conducting a district review the county legislative body shall:
a. provide notice of such district review by publishing a notice in a
newspaper having general circulation within the district and by POSTING
A NOTICE ON THE HOME PAGE OF THE COUNTY'S WEBSITE; posting such notice
in at least five conspicuous places within the district; AND PROVIDING
SUCH NOTICE IN WRITING BY FIRST CLASS MAIL TO THOSE MUNICIPALITIES WHOSE
TERRITORY ENCOMPASSES THE DISTRICT. The notice shall identify the muni-
cipalities in which the district is found and the district's total area;
indicate that a map of the district will be on file and open to public
inspection in the office of the county clerk and such other places as
the legislative body deems appropriate; and notify municipalities and
land owners within the district that they may propose a modification of
the district by filing such proposal with the [county] clerk of the
county legislature within thirty days [after] OF the publication AND
POSTING AND MAILING of such notice;
b. direct the county agricultural and farmland protection board to
prepare a report WITHIN FORTY-FIVE DAYS concerning the following:
(1) the nature and status of farming and farm resources within such
district, including the total number of acres of land and the total
number of acres of land in farm operations in the district;
(2) the extent to which the district has achieved its original objec-
tives;
(3) the extent to which county and local comprehensive plans, policies
and objectives are consistent with and support the district;
(4) the degree of coordination between local laws, ordinances, rules
and regulations that apply to farm operations in such district and their
influence on farming; and
(5) recommendations to continue, terminate or modify such district.
c. hold a public hearing [at least one hundred twenty days prior to
the district review date and not more than one hundred eighty days prior
to such date,] in the following manner:
A. 8082 7
(1) the hearing shall be held at a place within the district or other-
wise readily accessible to the proposed district;
(2) a notice of public hearing shall be published in a newspaper
having a general circulation within the district AND POSTED ON THE HOME
PAGE OF THE COUNTY'S WEBSITE and shall be given in writing BY FIRST
CLASS MAIL to those municipalities whose territories encompass the
district and any proposed modifications to the district; to persons, as
listed on the most recent assessment roll, whose land is the subject of
a proposed modification; and to the commissioner;
(3) the notice of hearing shall contain the following information:
(a) a statement of the time, date and place of the public hearing; and
(b) a description of the district, any proposed modifications and any
recommendations of the county agricultural and farmland protection
board.
3. A. The county legislative body, after receiving the report and
recommendation of the county agricultural and farmland protection board,
and after public hearing, shall make a finding whether the district
should be continued, terminated or modified. If the county legislative
body finds that the district should be terminated, it may do so at the
end of such eight[, twelve or twenty] year period[, whichever may be
applicable,] by filing a notice of termination with the county clerk and
the commissioner.
B. THE COUNTY LEGISLATIVE BODY MAY ADOPT ANY MODIFICATION OF THE
DISTRICT REVIEW PLAN IT DEEMS APPROPRIATE.
C. If the county legislative body finds that the district should be
continued or modified, it shall submit [a] THE district review plan to
the commissioner. The district review plan shall include a description
of the district, including a map delineating the exterior boundaries of
the district which shall conform to tax parcel boundaries; the tax map
identification numbers for every parcel in the district; a copy of the
report of the county agricultural and farmland protection board required
by paragraph b of subdivision two of this section; and a copy of the
testimony given at the public hearing required by paragraph c of subdi-
vision two of this section or a copy of the minutes of such hearing.
4. THE COUNTY LEGISLATIVE BODY SHALL COMPLETE THE REVIEW PROCESS
DESCRIBED IN THIS SECTION BY EITHER TERMINATING, CONTINUING, OR MODIFY-
ING THE DISTRICT ON OR BEFORE THE DISTRICT'S ANNIVERSARY DATE. THE
COMMISSIONER MAY, UPON APPLICATION BY THE COUNTY LEGISLATIVE BODY AND
FOR GOOD CAUSE SHOWN, EXTEND THE PERIOD FOR A DISTRICT REVIEW ONCE FOR
UP TO SIX ADDITIONAL MONTHS. If the county legislative body does not
act, or if a modification of a district is rejected by the county legis-
lative body, the district shall continue as originally constituted,
unless the commissioner, after consultation with the advisory council on
agriculture, terminates such district, by filing a notice thereof with
the county clerk, because[:
a.] the area in the district is no longer predominantly viable agri-
cultural land[; or
b. the commissioner of environmental conservation has determined that
the continuation of the district would not be consistent with state
environmental plans, policies and objectives; provided, however, that if
the commissioner certifies to the county legislative body that he or she
will not approve the continuance of the district unless modified, the
commissioner shall grant the county an extension as provided in subdivi-
sion one of this section to allow the county to prepare a modification
of the district in the manner provided in this section].
A. 8082 8
5. Plan review, certification, correction of any errors and filing
shall be conducted in the same manner prescribed for district creation
in [subdivisions five, six and seven of] section three hundred three of
this article.
S 8. The agriculture and markets law is amended by adding a new
section 303-c to read as follows:
S 303-C. CONSOLIDATION OF AGRICULTURAL DISTRICTS. EXISTING AGRICUL-
TURAL DISTRICTS MAY BE CONSOLIDATED WITH AN EXISTING DISTRICT UNDERGOING
REVIEW PURSUANT TO AND IN THE SAME MANNER PRESCRIBED FOR DISTRICT REVIEW
IN SECTION THREE HUNDRED THREE-A OF THIS ARTICLE. THE NOTICE OF PUBLIC
HEARING REQUIRED BY SUBDIVISION TWO OF SECTION THREE HUNDRED THREE-A OF
THIS ARTICLE SHALL BE GIVEN IN WRITING BY FIRST CLASS MAIL TO THOSE
MUNICIPALITIES WHOSE TERRITORIES ENCOMPASS THE DISTRICTS PROPOSED TO BE
CONSOLIDATED; AND TO ALL PERSONS, AS LISTED ON THE MOST RECENT ASSESS-
MENT ROLL, WHOSE LAND IS THE SUBJECT OF A PROPOSED CONSOLIDATION. IN
ADDITION TO THE INFORMATION REQUIRED BY SUBDIVISION TWO OF SECTION THREE
HUNDRED THREE-A OF THIS ARTICLE, THE NOTICE OF HEARING SHALL IDENTIFY
THE DISTRICT INTO WHICH THE EXISTING DISTRICT OR DISTRICTS WILL BE
CONSOLIDATED AND THE NEW ANNIVERSARY DATE FOR THE CONSOLIDATED DISTRICT.
S 9. Section 304 of the agriculture and markets law is REPEALED.
S 10. Subdivision 1 of section 304-b of the agriculture and markets
law, as amended by chapter 213 of the laws of 2007, is amended to read
as follows:
1. The commissioner shall file a written report with the governor and
the legislature on January first, two thousand eight and biennially
thereafter, covering each prior period of two years, concerning the
status of the agricultural districts program. Such report shall include,
but not be limited to, the total number of agricultural districts, the
total number of acres in agricultural districts, a list of the counties
that have established county agricultural and farmland protection plans,
and a summary of the agricultural protection [planning] grants program.
S 11. Subparagraphs (ii) and (vi) of paragraph d of subdivision 1 of
section 305 of the agriculture and markets law, as amended by chapter
385 of the laws of 1994, are amended to read as follows:
(ii) Whenever a conversion occurs, the owner shall notify the assessor
within ninety days of the date such conversion is commenced. If the
landowner fails to make such notification within the ninety day period,
the assessing unit, by majority vote of the governing body, may impose a
penalty on behalf of the assessing unit of up to two times the total
payments owed, but not to exceed a maximum total penalty of [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
(vi) The assessing unit, by majority vote of the governing body, may
impose a minimum payment amount, not to exceed [one] FIVE hundred
dollars.
S 12. Paragraph e of subdivision 1 of section 305 of the agriculture
and markets law is REPEALED and paragraph f is relettered paragraph e.
S 13. Paragraph b of subdivision 4 of section 305 of the agriculture
and markets law is REPEALED.
S 14. Paragraphs c, d, e and f of subdivision 4 of section 305 of the
agriculture and markets law, paragraph c as amended by chapter 235 of
the laws of 1995, paragraphs d and e as amended by chapter 797 of the
laws of 1992 and paragraph f as amended by chapter 102 of the laws of
1998, are amended to read as follows:
[c.] B. The agency, corporation or government proposing the action
shall also, at least sixty-five days prior to such acquisition,
construction or advance of public funds, file a [final] notice of intent
A. 8082 9
with the commissioner and the county agricultural and farmland
protection board. Such [final] notice shall include a detailed agricul-
tural impact statement setting forth the following:
(i) a detailed description of the proposed action and its agricultural
setting;
(ii) the agricultural impact of the proposed action including short-
term and long-term effects;
(iii) any adverse agricultural effects which cannot be avoided should
the proposed action be implemented;
(iv) alternatives to the proposed action;
(v) any irreversible and irretrievable commitments of agricultural
resources which would be involved in the proposed action should it be
implemented;
(vi) mitigation measures proposed to minimize the adverse impact of
the proposed action on the continuing viability of a farm enterprise or
enterprises within the district;
(vii) any aspects of the proposed action which would encourage non-
farm development, where applicable and appropriate; and
(viii) such other information as the commissioner may require.
The commissioner shall promptly determine whether the [final] notice
is complete or incomplete. If the commissioner does not issue such
determination within thirty days, the [final] notice shall be deemed
complete. If the [final] notice is determined to be incomplete, the
commissioner shall notify the party proposing the action in writing of
the reasons for that determination. Any new submission shall commence a
new period for department review for purposes of determining complete-
ness.
[d.] C. The provisions of [paragraphs] PARAGRAPH b [and c] of this
subdivision shall not apply and shall be deemed waived by the owner of
the land to be acquired where such owner signs a document to such effect
and provides a copy to the commissioner.
[e.] D. Upon notice from the commissioner that he or she has accepted
a [final] notice as complete, the county agricultural and farmland
protection board may, within thirty days, review the proposed action and
its effects on farm operations and agricultural resources within the
district, and report its findings and recommendations to the commission-
er and to the party proposing the action in the case of actions proposed
by a state agency or public benefit corporation, and additionally to the
county legislature in the case of actions proposed by local government
agencies.
[f.] E. Upon receipt and acceptance of a [final] notice, the commis-
sioner shall thereupon forward a copy of such notice to the commissioner
of environmental conservation and the advisory council on agriculture.
The commissioner, in consultation with the commissioner of environmental
conservation and the advisory council on agriculture, within forty-five
days of the acceptance of a [final] notice, shall review the proposed
action and make an initial determination whether such action would have
an unreasonably adverse effect on the continuing viability of a farm
enterprise or enterprises within the district, or state environmental
plans, policies and objectives.
If the commissioner so determines, he or she may (i) issue an order
within the forty-five day period directing the state agency, public
benefit corporation or local government not to take such action for an
additional period of sixty days immediately following such forty-five
day period; and (ii) review the proposed action to determine whether any
reasonable and practicable alternative or alternatives exist which would
A. 8082 10
minimize or avoid the adverse impact on agriculture in order to sustain
a viable farm enterprise or enterprises within the district.
The commissioner may hold a public hearing concerning such proposed
action at a place within the district or otherwise easily accessible to
the district upon notice in a newspaper having a general circulation
within the district AND POSTED ON THE HOME PAGE OF THE DEPARTMENT'S
WEBSITE, and individual notice, in writing BY FIRST CLASS MAIL, to the
municipalities whose territories encompass the district, the commission-
er of environmental conservation, the advisory council on agriculture
and the state agency, public benefit corporation or local government
proposing to take such action. On or before the conclusion of such addi-
tional sixty day period, the commissioner shall report his or her find-
ings to the agency, corporation or government proposing to take such
action, to any public agency having the power of review of or approval
of such action, and, in a manner conducive to the wide dissemination of
such findings, to the public. If the commissioner concludes that a
reasonable and practicable alternative or alternatives exist which would
minimize or avoid the adverse impact of the proposed action, he or she
shall propose that such alternative or alternatives be accepted. If the
agency, corporation or government proposing the action accepts the
commissioner's proposal, then the requirements of the notice of intent
filing shall be deemed fulfilled. If the agency, corporation or govern-
ment rejects the commissioner's proposal, then it shall provide the
commissioner with reasons for rejecting such proposal and a detailed
comparison between its proposed action and the commissioner's alterna-
tive or alternatives.
S 15. Paragraphs g, h and h-1 of subdivision 4 of section 305 of the
agriculture and markets law are relettered paragraphs f, g and h.
S 16. Subdivisions 2, 3 and 4 of section 305-a of the agriculture and
markets law are REPEALED.
S 17. Section 305-b of the agriculture and markets law is renumbered
section 305-c and a new section 305-b is added to read as follows:
S 305-B. AGRICULTURAL DATA STATEMENT. 1. SUBMISSION, EVALUATION. ANY
APPLICATION FOR A SPECIAL USE PERMIT, SITE PLAN APPROVAL, USE VARIANCE,
OR SUBDIVISION APPROVAL REQUIRING MUNICIPAL REVIEW AND APPROVAL BY A
PLANNING BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF
TRUSTEES PURSUANT TO ARTICLE SIXTEEN OF THE TOWN LAW OR ARTICLE SEVEN OF
THE VILLAGE LAW, THAT WOULD OCCUR ON PROPERTY WITHIN AN AGRICULTURAL
DISTRICT CONTAINING A FARM OPERATION OR ON PROPERTY WITH BOUNDARIES
WITHIN FIVE HUNDRED FEET OF A FARM OPERATION LOCATED IN AN AGRICULTURAL
DISTRICT, SHALL INCLUDE AN AGRICULTURAL DATA STATEMENT. THE PLANNING
BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF TRUSTEES
SHALL EVALUATE AND CONSIDER THE AGRICULTURAL DATA STATEMENT IN ITS
REVIEW OF THE POSSIBLE IMPACTS OF THE PROPOSED PROJECT UPON THE FUNC-
TIONING OF FARM OPERATIONS WITHIN SUCH AGRICULTURAL DISTRICT. THE INFOR-
MATION REQUIRED BY AN AGRICULTURAL DATA STATEMENT MAY BE INCLUDED AS
PART OF ANY OTHER APPLICATION FORM REQUIRED BY LOCAL LAW, ORDINANCE OR
REGULATION.
2. NOTICE PROVISION. UPON THE RECEIPT OF SUCH APPLICATION BY THE PLAN-
NING BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF
TRUSTEES, THE CLERK OF SUCH BOARD SHALL MAIL WRITTEN NOTICE OF SUCH
APPLICATION TO THE OWNERS OF LAND AS IDENTIFIED BY THE APPLICANT IN THE
AGRICULTURAL DATA STATEMENT. THE NOTICE SHALL INCLUDE A DESCRIPTION OF
THE PROPOSED PROJECT AND ITS LOCATION, AND MAY BE SENT IN CONJUNCTION
WITH ANY OTHER NOTICE REQUIRED BY STATE OR LOCAL LAW, ORDINANCE, RULE OR
A. 8082 11
REGULATION FOR THE PROJECT. THE COST OF MAILING THE NOTICE SHALL BE
BORNE BY THE APPLICANT.
3. CONTENT. AN AGRICULTURAL DATA STATEMENT SHALL INCLUDE THE FOLLOWING
INFORMATION: THE NAME AND ADDRESS OF THE APPLICANT; A DESCRIPTION OF THE
PROPOSED PROJECT AND ITS LOCATION; THE NAME AND ADDRESS OF ANY OWNER OF
LAND WITHIN THE AGRICULTURAL DISTRICT, WHICH LAND CONTAINS FARM OPER-
ATIONS AND IS LOCATED WITHIN FIVE HUNDRED FEET OF THE BOUNDARY OF THE
PROPERTY UPON WHICH THE PROJECT IS PROPOSED; AND A TAX MAP OR OTHER MAP
SHOWING THE SITE OF THE PROPOSED PROJECT RELATIVE TO THE LOCATION OF
FARM OPERATIONS IDENTIFIED IN THE AGRICULTURAL DATA STATEMENT.
S 18. Subparagraph (iii) of paragraph a and subparagraph (iv) of para-
graph b of subdivision 2 of section 306 of the agriculture and markets
law, as amended by chapter 680 of the laws of 1994, are amended to read
as follows:
(iii) Whenever a conversion occurs, the owner shall notify the asses-
sor within ninety days of the date such conversion is commenced. If the
landowner fails to make such notification within the ninety day period,
the assessing unit, by majority vote of the governing body, may impose a
penalty on behalf of the assessing unit of up to two times the total
payments owed, but not to exceed a maximum total penalty of [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
(iv) The assessing unit, by majority vote of the government body, may
impose a minimum payment amount, not to exceed [one] FIVE hundred
dollars.
S 19. Section 307 of the agriculture and markets law, as amended by
chapter 235 of the laws of 1995 and as further amended by subdivision
(d) of section 1 of part W of chapter 56 of the laws of 2010, is amended
to read as follows:
S 307. Promulgation of rules and regulations. The commissioner of
taxation and finance and the commissioner are each empowered to promul-
gate such rules and regulations and to prescribe such forms as each
shall deem necessary to effectuate the purposes of this article [, and
the commissioner is further empowered to promulgate such rules and regu-
lations as are necessary to provide for the reasonable consolidation of
existing agricultural districts with new agricultural districts or with
other existing districts undergoing modification pursuant to section
three hundred three of this article]. Where a document or any other
paper or information is required, by such rules and regulations, or by
any provision of this article, to be filed with, or by, a county clerk
or any other local official, such clerk or other local official may file
such document, paper, or information as he OR SHE deems proper, but [he]
shall also file or record it in any manner directed by the commissioner
of taxation and finance, by rule or regulation. In promulgating such a
rule or regulation, such commissioner shall consider, among any other
relevant factors, the need for security of land titles, the requirement
that purchasers of land know of all potential tax and penalty liabil-
ities, and the desirability that the searching of titles not be further
complicated by the establishment of new sets of record books.
S 20. Subdivision 6 of section 309 of the agriculture and markets law,
as added by chapter 79 of the laws of 1980, is amended to read as
follows:
6. The advisory council on agriculture may ask other individuals to
attend its meetings or work with it on an occasional or regular basis
provided, however, that it shall invite participation by the chairman of
the state soil and water conservation committee and the dean of the New
York state college of agriculture and life sciences at Cornell universi-
A. 8082 12
ty. The advisory council on agriculture shall set the time and place of
its meetings, and shall hold at least [four meetings] ONE MEETING per
year.
S 21. Subdivision 2 of section 483 of the real property tax law, as
amended by chapter 540 of the laws of 2007, is amended to read as
follows:
2. The term "structures and buildings" shall include: (a) PERMANENT
AND IMPERMANENT structures, INCLUDING TRELLISES AND PERGOLAS, MADE OF
METAL, STRING OR WOOD, and buildings or portions thereof used directly
and exclusively in the raising and production for sale of agricultural
and horticultural commodities or necessary for the storage thereof, but
not structures and buildings or portions thereof used for the processing
of agricultural and horticultural commodities, or the retail merchandis-
ing of such commodities; (b) structures and buildings used to provide
housing for regular and essential employees and their immediate families
who are primarily employed in connection with the operation of lands
actively devoted to agricultural and horticultural use, but not includ-
ing structures and buildings occupied as a residence by the applicant
and his immediate family; (c) structures and buildings used as indoor
exercise arenas exclusively for training and exercising horses in
connection with the raising and production for sale of agricultural and
horticultural commodities or in connection with a commercial horse
boarding operation as defined in section three hundred one of the agri-
culture and markets law. For purposes of this section, the term "indoor
exercise arenas" shall not include riding academies or dude ranches; (d)
structures and buildings used in the production of maple syrup; (e)
structures and buildings used in the production of honey and beeswax
including those structures and buildings used for the storage of bees.
For purposes of this section, this shall not include those structures or
buildings and portions thereof used for the sale of maple syrup or sale
of honey and beeswax. The term "structures and buildings" shall not
include silos, bulk milk tanks or coolers, or manure storage [and],
handling AND TREATMENT facilities as such terms are used in section four
hundred eighty-three-a of this title.
S 22. This act shall take effect immediately and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such date; provided, however, that section five of this act
shall only apply to the creation of any agricultural district pursuant
to section 303 of the agriculture and markets law commenced after such
effective date and section six of this act shall only apply to the
review of any agricultural district pursuant to section 303-a of the
agriculture and markets law commenced after such effective date.