Senate Bill S3626

Signed By Governor
2011-2012 Legislative Session

Authorizes commissioner of agriculture and markets to render an opinion to government officials on land use regulations pertaining to agricultural practices

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Archive: Last Bill Status Via A20 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S3626 (ACTIVE) - Details

See Assembly Version of this Bill:
A20
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§305-a & 308, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A601

2011-S3626 (ACTIVE) - Summary

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.

2011-S3626 (ACTIVE) - Sponsor Memo

2011-S3626 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3626

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00775-01-1

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