§ 303-B — Agricultural districts; inclusion of viable agricultural land

§ 303-b. Agricultural districts; inclusion of viable agricultural\nland. 1. The legislative body of any county containing a certified\nagricultural district shall designate an annual thirty-day period within\nwhich a land owner may submit to such body a request for inclusion of\nland which is predominantly viable agricultural land within a certified\nagricultural district prior to the county established review period.\nSuch request shall identify the agricultural district into which the\nland is proposed to be included, describe such land, and include the tax\nmap identification number and relevant portion of the tax map for each\nparcel of land to be included.\n 2. Upon the termination of such thirty-day period, if any requests are\nsubmitted, the county legislative body shall:\n a. refer such request or requests to the county agricultural and\nfarmland protection board, which shall, within thirty days report to the\ncounty legislative body its recommendations as to whether the land to be\nincluded in the agricultural district consists predominantly of "viable\nagricultural land" as defined in subdivision seven of section three\nhundred one of this article and the inclusion of such land would serve\nthe public interest by assisting in maintaining a viable agricultural\nindustry within the district; and\n b. publish a notice of public hearing in accordance with subdivision\nthree of this section.\n 3. The county legislative body shall hold a public hearing upon giving\nnotice in the following manner:\n a. The notice of public hearing shall contain a statement that one or\nmore requests for inclusion of predominantly viable agricultural land\nwithin a certified agricultural district have been filed with the county\nlegislative body pursuant to this section; identify the land, generally,\nproposed to be included; indicate the time, date and place of the public\nhearing, which shall occur after receipt of the report of the county\nagricultural and farmland protection board; and include a statement that\nthe hearing shall be held to consider the request or requests and\nrecommendations of the county agricultural and farmland protection\nboard.\n b. The notice shall be published in a newspaper having a general\ncirculation within the county and shall be given in writing directly to\nthose municipalities whose territory encompasses the lands which are\nproposed to be included in an agricultural district and to the\ncommissioner.\n 4. After the public hearing, the county legislative body shall adopt\nor reject the inclusion of the land requested to be included within an\nexisting certified agricultural district. Such action shall be taken no\nlater than one hundred twenty days from the termination of the thirty\nday period described in subdivision one of this section. Any land to be\nadded shall consist of whole tax parcels only. Upon the adoption of a\nresolution to include predominantly viable agricultural land, in whole\nor in part, within an existing certified agricultural district, the\ncounty legislative body shall submit the resolution, together with the\nreport of the county agricultural and farmland protection board and the\ntax map identification numbers and tax maps for each parcel of land to\nbe included in an agricultural district to the commissioner.\n 5. Within thirty days after receipt of a resolution to include land\nwithin a district, the commissioner shall certify to the county\nlegislative body whether the inclusion of predominantly viable\nagricultural land as proposed is feasible and shall serve the public\ninterest by assisting in maintaining a viable agricultural industry\nwithin the district or districts.\n 6. If the commissioner certifies that the proposed inclusion of\npredominantly viable agricultural land within a district is feasible and\nin the public interest, the land shall become part of the district\nimmediately upon such certification.\n