Provides, upon the request of a municipality, farm owner or operator, the commissioner of agriculture and markets shall render an opinion to 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; further requires the commissioner to disclose information received from Cornell and the USDA to the municipality in which the agricultural practice is being evaluated is located.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to authorizing requests to the commissioner of agriculture and markets to render an opinion to government officials on local land use regulations, ordinances or local laws pertaining to agricultural practices
PURPOSE: This bill requires the Commissioner of Agriculture and Markets to consult with local government officials concerning local land use regulations, ordinances or laws.
SUMMARY OF SPECIFIC PROVISIONS: Section one re-letters paragraph b of subdivision 1 of section 305-a of the Agriculture and Markets Law as paragraph c and adds a new paragraph b allowing the Commissioner of Agriculture and Markets, upon request from the municipality, farm owner or operator, to consult with local officials concerning local land use regulations, ordinances or laws.
Section two amends paragraph b of subdivision 1 of section 308 of the Agriculture and Markets Law to require the Commissioner of Agriculture and Market, when consulting appropriate state agencies on sound agriculture practices, to provide the information gained from the consultation to the municipality in which the agricultural practice being evaluated is located.
JUSTIFICATION: This act formalizes the practice of consultation by allowing,the Department of Agriculture to be involved in any discussion about possible changes in local land use regulations. The language requires the Department to be sure that while they are evaluating farm practice, they are also providing good information about fanning practices in general to the town or village. If necessary, the Department may invoke its Section 305-A authority regarding the coordination of land use decision-making with the general agricultural districts program in a more timely fashion. This legislation addresses the concerns raised by the Executive regarding a similar bill advanced during the 2001-2002 session.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.601 - Passed Assembly 2007-2008: A.2570 - Passed Assembly 2005-2006: A.5744A - Passed Assembly 2003-2004: A.8577 - Passed Assembly
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3626 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________Introduced by Sen. SALAND -- 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 author- izing requests to the commissioner of agriculture and markets to render an opinion to government officials on local land use regu- lations, ordinances or local laws pertaining to agricultural practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 1 of section 305-a of the agri- culture and markets law is relettered paragraph c and a new paragraph b is added to read as follows: B. UPON THE REQUEST OF ANY MUNICIPALITY, 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 REGU- LATIONS, ORDINANCES OR LOCAL LAWS PERTAINING TO AGRICULTURAL PRACTICES AND TO THE APPROPRIATE LOCAL LAND USE ENFORCEMENT OFFICIALS ADMINISTER- ING LOCAL LAND USE REGULATIONS, ORDINANCES, OR LOCAL LAWS OR REVIEWING A PERMIT PERTAINING TO AGRICULTURAL PRACTICES. S 2. Paragraph b of subdivision 1 of section 308 of the agriculture and markets law, as amended by chapter 120 of the laws of 2010, is amended to read as follows: b. Sound agricultural practices refer to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail practices the commis- sioner may consider include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on-farm; agricul- tural tourism; "timber operation," as defined in subdivision fourteen of section three hundred one of this article and construction and use ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00775-01-1 S. 3626 2
farm structures. The commissioner shall consult appropriate state agen- cies and any guidelines recommended by the advisory council on agricul- ture. The commissioner may consult as appropriate, the New York state college of agriculture and life sciences and the U.S.D.A. natural resources conservation service, AND PROVIDE SUCH INFORMATION, AFTER THE ISSUANCE OF A FORMAL OPINION, TO THE MUNICIPALITY IN WHICH THE AGRICUL- TURAL PRACTICE BEING EVALUATED IS LOCATED. The commissioner shall also consider whether the agricultural practices are conducted by a farm owner or operator as part of his or her participation in the AEM program as set forth in article eleven-A of this chapter. Such practices shall be evaluated on a case-by-case basis. S 3. This act shall take effect immediately.