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This entry was published on 2021-07-30
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SECTION 301
Definitions
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 25-AA
§ 301. Definitions. When used in this article:

1. "Agricultural assessment value" means the value per acre assigned
to land for assessment purposes determined pursuant to the capitalized
value of production procedure prescribed by section three hundred four-a
of this article.

2. "Crops, livestock and livestock products" shall include but not be
limited to the following:

a. Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes and dry beans.

b. Fruits, including apples, peaches, grapes, cherries and berries.

c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets
and onions.

d. Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.

e. Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur bearing animals, wool bearing
animals, such as alpacas and llamas, milk, eggs and furs.

f. Maple sap.

g. Christmas trees derived from a managed Christmas tree operation
whether dug for transplanting or cut from the stump.

h. Aquaculture products, including fish, fish products, water plants
and shellfish.

i. Woody biomass, which means short rotation woody crops raised for
bioenergy, and shall not include farm woodland.

j. Apiary products, including honey, beeswax, royal jelly, bee pollen,
propolis, package bees, nucs and queens. For the purposes of this
paragraph, "nucs" shall mean small honey bee colonies created from
larger colonies including the nuc box, which is a smaller version of a
beehive, designed to hold up to five frames from an existing colony.

k. Actively managed log-grown woodland mushrooms.

l. Industrial hemp as defined in section five hundred five of this
chapter.

3. "Farm woodland" means land used for the production of woodland
products intended for sale, including but not limited to logs, lumber,
posts and firewood. Farm woodland shall not include land used to produce
Christmas trees or land used for the processing or retail merchandising
of woodland products.

4. "Land used in agricultural production" means not less than seven
acres of land used as a single operation in the preceding two years for
the production for sale of crops, livestock or livestock products of an
average gross sales value of ten thousand dollars or more; or, not less
than seven acres of land used in the preceding two years to support a
commercial horse boarding operation or a commercial equine operation
with annual gross receipts of ten thousand dollars or more. Land used in
agricultural production shall not include land or portions thereof used
for processing or retail merchandising of such crops, livestock or
livestock products. Land used in agricultural production shall also
include:

a. Rented land which otherwise satisfies the requirements for
eligibility for an agricultural assessment.

a-1. Land used by a not-for-profit institution for the purposes of
agricultural research that is intended to improve the quality or
quantity of crops, livestock or livestock products. Such land shall
qualify for an agricultural assessment upon application made pursuant to
paragraph (a) of subdivision one of section three hundred five of this
article, except that no minimum gross sales value shall be required.

b. Land of not less than seven acres used as a single operation for
the production for sale of crops, livestock or livestock products,
exclusive of woodland products, which does not independently satisfy the
gross sales value requirement, where such land was used in such
production for the preceding two years and currently is being so used
under a written rental arrangement of five or more years in conjunction
with land which is eligible for an agricultural assessment.

c. Land used in support of a farm operation or land used in
agricultural production, constituting a portion of a parcel, as
identified on the assessment roll, which also contains land qualified
for an agricultural assessment. Such land shall include land used for
agricultural amusements which are produced from crops grown or produced
on the farm, provided that such crops are harvested and marketed in the
same manner as other crops produced on such farm. Such agricultural
amusements shall include, but not be limited to, so-called "corn mazes"
or "hay bale mazes".

d. Farm woodland which is part of land which is qualified for an
agricultural assessment, provided, however, that such farm woodland
attributable to any separately described and assessed parcel shall not
exceed fifty acres.

e. Land set aside through participation in a federal conservation
program pursuant to title one of the federal food security act of
nineteen hundred eighty-five or any subsequent federal programs
established for the purposes of replenishing highly erodible land which
has been depleted by continuous tilling or reducing national surpluses
of agricultural commodities and such land shall qualify for agricultural
assessment upon application made pursuant to paragraph a of subdivision
one of section three hundred five of this article, except that no
minimum gross sales value shall be required.

f. Land of not less than seven acres used as a single operation in the
preceding two years for the production for sale of crops, livestock or
livestock products of an average gross sales value of ten thousand
dollars or more, or land of less than seven acres used as a single
operation in the preceding two years for the production for sale of
crops, livestock or livestock products of an average gross sales value
of fifty thousand dollars or more.

g. Land under a structure within which crops, livestock or livestock
products are produced, provided that the sales of such crops, livestock
or livestock products meet the gross sales requirements of paragraph f
of this subdivision.

h. Land that is owned or rented by a farm operation in its first or
second year of agricultural production, or, in the case of a commercial
horse boarding operation in its first or second year of operation, that
consists of (1) not less than seven acres used as a single operation for
the production for sale of crops, livestock or livestock products of an
annual gross sales value of ten thousand dollars or more; or (2) less
than seven acres used as a single operation for the production for sale
of crops, livestock or livestock products of an annual gross sales value
of fifty thousand dollars or more; or (3) land situated under a
structure within which crops, livestock or livestock products are
produced, provided that such crops, livestock or livestock products have
an annual gross sales value of (i) ten thousand dollars or more, if the
farm operation uses seven or more acres in agricultural production, or
(ii) fifty thousand dollars or more, if the farm operation uses less
than seven acres in agricultural production; or (4) not less than seven
acres used as a single operation to support a commercial horse boarding
operation with annual gross receipts of ten thousand dollars or more.

i. Land of not less than seven acres used as a single operation for
the production for sale of orchard or vineyard crops when such land is
used solely for the purpose of planting a new orchard or vineyard and
when such land is also owned or rented by a newly established farm
operation in its first, second, third or fourth year of agricultural
production.

j. Land of not less than seven acres used as a single operation for
the production and sale of Christmas trees when such land is used solely
for the purpose of planting Christmas trees that will be made available
for sale, whether dug for transplanting or cut from the stump and when
such land is owned or rented by a newly established farm operation in
its first, second, third, fourth or fifth year of agricultural
production.

k. Land used to support an apiary products operation which is owned by
the operation and consists of (i) not less than seven acres nor more
than ten acres used as a single operation in the preceding two years for
the production for sale of crops, livestock or livestock products of an
average gross sales value of ten thousand dollars or more or (ii) less
than seven acres used as a single operation in the preceding two years
for the production for sale of crops, livestock or livestock products of
an average gross sales value of fifty thousand dollars or more. The land
used to support an apiary products operation shall include, but not be
limited to, the land under a structure within which apiary products are
produced, harvested and stored for sale; and a buffer area maintained by
the operation between the operation and adjacent landowners.
Notwithstanding any other provision of this subdivision, rented land
associated with an apiary products operation is not eligible for an
agricultural assessment based on this paragraph.

l. Land that is owned or rented by a farm operation in its first or
second year of agricultural production or in the case of a commercial
equine operation, in its first or second year of operation, that
consists of not less than seven acres and stabling at least ten horses,
regardless of ownership, that receives ten thousand dollars or more in
gross receipts annually from fees generated through the provision of
commercial equine activities including, but not limited to riding
lessons, trail riding activities or training of horses or through the
production for sale of crops, livestock, and livestock products, or
through both the provision of such commercial equine activities and such
production. Under no circumstances shall this subdivision be construed
to include operations whose primary on site function is horse racing.

m. Land used in silvopasturing shall be limited to up to ten fenced
acres per large livestock, including cattle, horses and camelids, and up
to five fenced acres per small livestock, such as sheep, hogs, goats and
poultry. For the purposes of this subdivision, "silvopasturing" shall
mean the intentional combination of trees, forages and livestock managed
as a single integrated practice for the collective benefit of each,
including the planting of appropriate grasses and legume forages among
trees for sound grazing and livestock husbandry.

n. Land of not less than seven acres used as a single operation for
the production for sale of hops when such land is used solely for the
purpose of planting a new hopyard and when such land is also owned or
rented by a newly established farm operation in its first, second, third
or fourth year of agricultural production.

5. "Oil, gas or wind exploration, development or extraction
activities" means the installation and use of fixtures and equipment
which are necessary for the exploration, development or extraction of
oil, natural gas or wind energy, including access roads, drilling
apparatus, pumping facilities, pipelines, and wind turbines.

6. "Unique and irreplaceable agricultural land" means land which is
uniquely suited for the production of high value crops, including, but
not limited to fruits, vegetables and horticultural specialties.

7. "Viable agricultural land" means land highly suitable for a farm
operation as defined in this section.

8. "Conversion" means an outward or affirmative act changing the use
of agricultural land and shall not mean the nonuse or idling of such
land.

9. * "Gross sales value" means the proceeds from the sale of:

* NB Effective until December 23, 2021

* "Gross sales" means the proceeds from the sale of:

* NB Effective December 23, 2021

a. Crops, livestock and livestock products produced on land used in
agricultural production provided, however, that whenever a crop is
processed before sale, the proceeds shall be based upon the market value
of such crop in its unprocessed state;

b. Woodland products from farm woodland eligible to receive an
agricultural assessment, not to exceed two thousand dollars annually;

* c. Honey and beeswax produced by bees in hives located on an
otherwise qualified farm operation but which does not independently
satisfy the gross sales requirement;

* NB Effective until December 23, 2021

* c. Honey, royal jelly, bee pollen, propolis and beeswax produced by
bees in hives located on land used in agricultural production in
conjunction with the same or an otherwise qualified farm operation;

* NB Effective December 23, 2021

d. Maple syrup processed from maple sap produced on land used in
agricultural production in conjunction with the same or an otherwise
qualified farm operation;

e. Or payments received by reason of land set aside pursuant to
paragraph e of subdivision four of this section;

f. Or payments received by thoroughbred breeders pursuant to section
two hundred fifty-four of the racing, pari-mutuel wagering and breeding
law; and

g. Compost, mulch or other organic biomass crops as defined in
subdivision sixteen of this section produced on land used in
agricultural production, not to exceed five thousand dollars annually.

11. "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which
contribute 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
subdivision seventeen of this section and "commercial equine operation"
as defined in subdivision eighteen of this section. Such farm operation
may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.

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
municipal 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-b of this article.

13. "Commercial horse boarding operation" means an agricultural
enterprise, consisting of at least seven acres and boarding at least ten
horses, regardless of ownership, that receives ten thousand dollars or
more in gross receipts annually from fees generated either through the
boarding of horses or through the production for sale of crops,
livestock, and livestock products, or through both such boarding and
such production. Under no circumstances shall this subdivision be
construed to include operations whose primary on site function is horse
racing. Notwithstanding any other provision of this subdivision, a
commercial horse boarding operation that is proposed or in its first or
second year of operation may qualify as a farm operation if it is an
agricultural enterprise, consisting of at least seven acres, and
boarding at least ten horses, regardless of ownership, by the end of the
first year of operation.

14. "Timber operation" means the on-farm production, management,
harvesting, processing and marketing of timber grown on the farm
operation into woodland products, including but not limited to logs,
lumber, posts and firewood, provided that such farm operation consists
of at least seven acres and produces for sale crops, livestock or
livestock products of an annual gross sales value of ten thousand
dollars or more and that the annual gross sales value of such processed
woodland products does not exceed the annual gross sales value of such
crops, livestock or livestock products.

15. "Agricultural tourism" means activities, including the production
of maple sap and pure maple products made therefrom, conducted by a
farmer on-farm for the enjoyment and/or education of the public, which
primarily promote the sale, marketing, production, harvesting or use of
the products of the farm and enhance the public's understanding and
awareness of farming and farm life.

16. "Apiary products operation" means an agricultural enterprise,
consisting of land owned by the operation, upon which bee hives are
located and maintained for the purpose of producing, harvesting and
storing apiary products for sale.

17. "Compost, mulch or other organic biomass crops" means the on-farm
processing, mixing, handling or marketing of organic matter that is
grown or produced by such farm operation to rid such farm operation of
its excess agricultural waste; and the on-farm processing, mixing or
handling of off-farm generated organic matter that is transported to
such farm operation and is necessary to facilitate the composting of
such farm operation's agricultural waste. This shall also include the
on-farm processing, mixing or handling of off-farm generated organic
matter for use only on that farm operation. Such organic matter shall
include, but not be limited to, manure, hay, leaves, yard waste, silage,
organic farm waste, vegetation, wood biomass or by-products of
agricultural products that have been processed on such farm operation.
The resulting products shall be converted into compost, mulch or other
organic biomass crops that can be used as fertilizers, soil enhancers or
supplements, or bedding materials. For purposes of this section,
"compost" shall be processed by the aerobic, thermophilic decomposition
of solid organic constituents of solid waste to produce a stable,
humus-like material.

18. "Commercial equine operation" means an agricultural enterprise,
consisting of at least seven acres and stabling at least ten horses,
regardless of ownership, that receives ten thousand dollars or more in
gross receipts annually from fees generated through the provision of
commercial equine activities including, but not limited to riding
lessons, trail riding activities or training of horses or through the
production for sale of crops, livestock, and livestock products, or
through both the provision of such commercial equine activities and such
production. Under no circumstances shall this subdivision be construed
to include operations whose primary on site function is horse racing.
Notwithstanding any other provision of this subdivision, an agricultural
enterprise that is proposed or in its first or second year of operation
may qualify as a commercial equine operation if it consists of at least
seven acres and stables at least ten horses, regardless of ownership, by
the end of the first year of operation.