senate Bill S274

2019-2020 Legislative Session

Relating to local laws restricting farming operations within an agricultural district

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to agriculture
Jan 09, 2019 referred to agriculture

S274 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§303 & 305-a, Ag & Mkts L
Versions Introduced in 2021-2022 Legislative Session:
S3191

S274 (ACTIVE) - Summary

Provides that the use or storage of manure may not be deemed a public nuisance under local laws restricting farming operations within an agricultural district.

S274 (ACTIVE) - Sponsor Memo

S274 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   274

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in  relation  to  local
  laws restricting farming operations within an agricultural district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 303 of the agriculture and markets
law, as amended by chapter 35 of the laws of 2016, is amended to read as
follows:
  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  of  the  land  proposed  to  be  included  in the
district]. 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  bounda-
ries  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 shall include a review period of eight years.
  §  2. Paragraph a of subdivision 1 of section 305-a of the agriculture
and markets law, as amended by chapter 357  of  the  laws  of  1997,  is
amended to read as follows:
  a. Local governments, when exercising their powers to enact and admin-
ister  comprehensive  plans  and  local laws, ordinances, rules or regu-
lations, 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.  FOR  PURPOSES  OF  THIS
SECTION,  THE  COLLECTION,  USE  OR  STORAGE  OF  MANURE  SHALL  NOT  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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