BILL NUMBER:  S6039

 TITLE OF BILL :  An act to provide that interests or rights acquired
in real property for the preservation of agricultural lands in the
county of Suffolk shall permit the use of such real property for a
farm operation

 PURPOSE :

To clarify that interests and rights in real property acquired for the
preservation of open lands actually used in agricultural production in
Suffolk County may be used as a farm operation by defining the meaning
of the term "farm operation".

 SUMMARY OF PROVISIONS :

Section 1. Provides that in the County of Suffolk, all interests or
rights in real property acquired for the preservation of agricultural
lands, pursuant to Section 247 of the General Municipal Law, shall
permit the use of such property as a farm operation. For the purposes
of this act, a "farm operation" shall have the same meaning a provided
for in Section 301 of the Agriculture and Markets Law

Section 2. Authorizes the County of Suffolk to adopt a local law to
administer the interests or rights in real property acquired for the
preservation of agricultural lands, pursuant to Section 247 of the
              

General Municipal Law. Such local law may include but is not limited
to requiring a permit for uses, buildings and structures on such real
property, consistent with the definition of a farm operation. The
granting of a permit for uses, buildings, and structures consistent
with a farm operation shall not constitute alienation of any interest
or rights in real property acquired for the preservation of
agricultural lands, pursuant to section 247 of the general municipal
law. Such local law shall be subject to and consistent with the
provisions of section 308 of the agriculture and markets law
protecting the right to farm.

Section 3. This act shall be applicable to all interests or rights in
real property acquired by the county of Suffolk for the preservation
of agricultural lands, pursuant to section 247 of the General
Municipal Law, now-owned or hereafter acquired.

Section 4. Effective Date

 JUSTIFICATION :

The County of Suffolk instituted the first farmland preservation
program in the nation in 1974. In addition, several towns in the
county have administered their own farmland preservation programs for
more than 35 years. Under the program, development rights are
purchased from the owners of farmland, pursuant to Section 247 of the
General Municipal Law. Local governments buy the development rights to
the real property, permitting only the use of the land for bona fide
agricultural production. Land stays in private ownership and local
government acquires non-agricultural development rights.

These rights are valued as the difference between the full market
value of property for its "highest and best use" (full value) minus
the value of the agricultural rights (residual value). The owner files
property covenants similar to a conservation easement limiting the use
of the property to agricultural production.

Suffolk County alone has protected more than 10,500 acres of farmland
under this program. The towns has protected several thousand
additional acquires. As a result, Suffolk County remains one of the

top agricultural counties in the state in terms of the value of
agricultural production.

In September 2016, in the case of Long Island Pine Barrens Society, et
al. v. Suffolk County Legislature et al, the State Supreme Court
struck down two county local laws which regulated the use of these
protected agricultural lands by authorizing the issuance of permits
for certain uses of protected farmland. The court found that such uses
constituted the alienation of public rights acquired pursuant to
Section 247 and that such alienation could only be accomplished by a
public referendum.

This court decision has been interpreted as standing for the
proposition that activities necessary for agricultural production also
constitute alienation. This has resulted in confusion as to what
agricultural activities may be legally undertaken on protected
farmland. It has also had a chilling effect on future farmer
participation in the sale of development rights to local government.
This chilling effect, if not reversed, will result in the unnecessary
conversion of critical farmland to suburban development.

It has always been the clear intent of the program that the
acquisition of development rights was not intended to prevent
generally accepted, sound agricultural practices. In fact, rights to
these open lands were acquired not merely to keep the land open, but
to also encourage the continuation of agriculture as a viable
industry, in the face of encroaching suburbia and rapidly increasing
land values that threatened agriculture.

At the heart of this dispute is the lack of a definition as to what
constitutes a "farm operation" in the context of the farmland
preservation program. This act defines a "farm operation" consistent
with Section 301 of the State Agriculture and Markets Law. This act
also makes it clear that activities related to such farm operation are
legally permissible on protected farmland under Section 247 of the
GML. It also recognizes the right of local government to administer
those rights to balance the rights of farmers and the public. Finally,
the law would apply to all protected farmland acquired under Section
247 of the GML now-owned or acquired in the future.

This act will insure that one of the most hailed and recognized
farmland preservation programs in the nation can continue to meet its
goals to protect both agricultural lands and agriculture.

Nothing herein, would change the fact that utilization of protected
farmland for non-agricultural purposes would be prohibited and that
any action by local government permitting such uses would constitute
alienation of public rights requiring a public referendum.

 LEGISLATIVE HISTORY :

2017: New Legislation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.