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This entry was published on 2021-07-30
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Coordination of local planning and land use decision-making with the agricultural districts program
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 25-AA
§ 305-a. Coordination of local planning and land use decision-making
with the agricultural districts program. 1. Policy of local governments.
a. Local governments, when exercising their powers to enact and
administer comprehensive plans and local laws, ordinances, rules or
regulations, 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.

b. Upon the request of any municipality, farm owner or operator, or a
person or entity performing agricultural practices on behalf of a farm
owner or operator, the commissioner shall render an opinion to the
appropriate local government officials, as to whether farm operations
would be unreasonably restricted or regulated by proposed changes in
local land use regulations, ordinances or local laws pertaining to
agricultural practices and to the appropriate local land use enforcement
officials administering local land use regulations, ordinances, or local
laws or reviewing a permit pertaining to agricultural practices.

c. The commissioner, upon his or her own initiative or upon the
receipt of a complaint from a person within an agricultural district,
may bring an action to enforce the provisions of this subdivision.