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Senate Bill S2038

2025-2026 Legislative Session

Relating to local laws restricting farming operations within an agricultural district

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Current Bill Status - In Senate Committee Agriculture Committee

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2025-S2038 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§303 & 305-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: S274
2021-2022: S3191
2023-2024: S656

2025-S2038 (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.

2025-S2038 (ACTIVE) - Sponsor Memo

2025-S2038 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2038
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 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
 RESTRICTED OR REGULATED BY LOCAL LAW,  ORDINANCE  OR  RESOLUTION  IN  AN
 AGRICULTURAL DISTRICT ON THE BASIS THAT SUCH ACTIVITIES POSE A THREAT TO
 PUBLIC HEALTH OR SAFETY AS EITHER A NUISANCE OR A POLLUTANT.
   § 3. This act shall take effect immediately.

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