§ 305-A — Coordination of local planning and land use decision-making with the agricultural districts program

New York § 305-A

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 25-AA: Agricultural Districts

Text

§ 305-a. Coordination of local planning and land use decision-making\nwith the agricultural districts program. 1. Policy of local governments.\na. Local governments, when exercising their powers to enact and\nadminister comprehensive plans and local laws, ordinances, rules or\nregulations, shall exercise these powers in such manner as may realize\nthe policy and goals set forth in this article, and shall not\nunreasonably restrict or regulate farm operations within agricultural\ndistricts in contravention of the purposes of this article unless it can\nbe shown that the public health or safety is threatened.\n b. Upon the request of any municipality, farm owner or operator, or a\nperson or entity performing agricultural practices on behalf of a farm\nowner or operator, the commissioner shall render an opinion to the\nappropriate local government officials, as to whether farm operations\nwould be unreasonably restricted or regulated by proposed changes in\nlocal land use regulations, ordinances or local laws pertaining to\nagricultural practices and to the appropriate local land use enforcement\nofficials administering local land use regulations, ordinances, or local\nlaws or reviewing a permit pertaining to agricultural practices.\n c. The commissioner, upon his or her own initiative or upon the\nreceipt of a complaint from a person within an agricultural district,\nmay bring an action to enforce the provisions of this subdivision.\n