Bill Text: NY A07845 | 2019-2020 | General Assembly | Amended


Bill Title: Provides that agricultural lands acquired pursuant to section 247 of the general municipal law are eligible to receive permits for uses, buildings, and structures provided that such municipality determines that the granting of any such permits are accessory to bona fide agricultural production.

Spectrum: Moderate Partisan Bill (Democrat 58-12)

Status: (Introduced) 2019-06-17 - reported referred to rules [A07845 Detail]

Download: New_York-2019-A07845-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6231--A                                            A. 7845--A

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                      May 24, 2019
                                       ___________

        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee

        IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO, GOTTFRIED, JONES,
          WILLIAMS, COOK, CARROLL, RAIA, LAVINE, TAGUE, BLAKE, GLICK, SEAWRIGHT,
          BARRON, D'URSO,  CROUCH,  STIRPE,  CAHILL,  ABINANTI,  WOERNER,  FAHY,
          STECK, ARROYO, WEPRIN, BRABENEC, MONTESANO, McDONOUGH, PALUMBO, SOLAG-
          ES,  L. ROSENTHAL, COLTON, SANTABARBARA, HUNTER, PAULIN, QUART, STERN,
          BARNWELL, PERRY, ROZIC, MAGNARELLI, OTIS, SIMOTAS, HEVESI,  ZEBROWSKI,
          BARRETT,   WALLACE,   EPSTEIN,  NIOU,  JAFFEE,  DINOWITZ,  RICHARDSON,
          DE LA ROSA,  RYAN,  ORTIZ,  RODRIGUEZ,  TAYLOR,  DeSTEFANO,   GRIFFIN,
          MOSLEY,  SCHMITT, MANKTELOW -- Multi-Sponsored by -- M. of A. BRONSON,
          BUCHWALD, BYRNE,  CYMBROWITZ,  GALEF,  LENTOL,  M. L. MILLER,  SAYEGH,
          SIMON  -- read once and referred to the Committee on Local Governments
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN ACT in relation to certain agricultural lands

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and  intent.  The  legislature  hereby
     2  finds  that  article  XIV,  section 4 of the state constitution provides
     3  that it shall be the policy of the state to  conserve  and  protect  its
     4  natural resources and scenic beauty and encourage the development of its
     5  agricultural  lands  for  the  production of food and other agricultural
     6  products.
     7    Section 247 of the general municipal law authorizes any county,  city,
     8  town  or village to acquire interests or rights in real property for the
     9  preservation of open spaces and areas as a public purpose. Open space or
    10  open area is defined as any space or area characterized by: (1)  natural

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11156-02-9

        S. 6231--A                          2                         A. 7845--A

     1  scenic  beauty;  or  (2)  whose existing openness, natural condition, or
     2  present state of use, if retained, would enhance the present  or  poten-
     3  tial  value of abutting or surrounding urban development, or would main-
     4  tain  or  enhance  the  conservation  of  natural  or  scenic resources.
     5  Natural resources include but are  not  limited  to  agricultural  lands
     6  defined   as   open  lands  actually  used  in  bona  fide  agricultural
     7  production.
     8    The provisions of section 247 of the general municipal law relating to
     9  open space or area and the actual use of such lands in bona  fide  agri-
    10  cultural production have recently been the subject of a legal controver-
    11  sy with regard to the validity of local regulations that permit agricul-
    12  tural  uses,  buildings,  or  structures on agricultural lands protected
    13  pursuant to that section.
    14    In the case of Long Island Pine Barrens Society, Inc. v. Suffolk Coun-
    15  ty Legislature, 159 A.D.3d 805 (2d Dep't 2018), lv.  denied,  32  N.Y.3d
    16  910  (2018),  the  plaintiffs  alleged that where public funds have been
    17  used to acquire interests or rights in agricultural  lands,  such  lands
    18  must  remain open and undeveloped. It was further alleged that once such
    19  interests or rights are acquired on such lands by a  municipality,  they
    20  must  remain unchanged and no further development may occur. Finally, it
    21  was claimed that certain uses, as well as the erection  of  agricultural
    22  structures,  such  as barns, fencing, and irrigation systems constituted
    23  an illegal alienation of the government's interest in agricultural lands
    24  or a waste of public property.  The  appellate  division  of  the  state
    25  supreme  court  rejected these claims and declared the local regulations
    26  to be valid. Leave to appeal was denied by the state court of appeals.
    27    The legislature reaffirms that interests or rights acquired  in  agri-
    28  cultural  lands  pursuant to section 247 of the general municipal law do
    29  not prohibit or preclude the right to use agricultural lands  for  uses,
    30  buildings  and  structures  that are accessory to bona fide agricultural
    31  production. The legislature further affirms that municipalities  possess
    32  the  legal  authority  to  permit and regulate such uses, buildings, and
    33  structures on agricultural lands protected  pursuant  to  this  section.
    34  Such  uses,  buildings  or  structures permitted pursuant to local regu-
    35  lation do not constitute a waste of public property, nor do they consti-
    36  tute an alienation of any interests or rights  in  real  property.  Such
    37  uses,  buildings  or  structures are consistent with the preservation of
    38  open space and areas pursuant to section 247 of  the  general  municipal
    39  law.
    40    This  legislation further reaffirms the state's interest in the devel-
    41  opment of its agricultural lands for the production of food and agricul-
    42  tural products as set forth in the state constitution. It is the further
    43  intent of the legislature to  reaffirm  its  commitment  to  protecting,
    44  conserving  and  encouraging  the  development  and  improvement  of the
    45  state's agricultural lands. Agricultural lands in New York state are  in
    46  jeopardy of being lost for agricultural purposes due to deleterious side
    47  effects resulting from the extension of nonagricultural development into
    48  farm areas.
    49    The  socio-economic vitality of agriculture in this state is essential
    50  to the economic stability and growth of many local communities  and  the
    51  state  as  a  whole. Without the ability to engage in bona fide agricul-
    52  tural production, which includes the right to engage  in  uses  and  the
    53  right  to  erect  buildings  and  structures  accessory  to agricultural
    54  production, more agricultural lands will be lost and farming as a  vital
    55  component of the state's economy will be further threatened.

        S. 6231--A                          3                         A. 7845--A

     1    §  2.  Where interests or rights in real property for the preservation
     2  of agricultural lands have been acquired for the  preservation  of  open
     3  spaces  and  areas pursuant to section 247 of the general municipal law,
     4  permits may be granted by the county, city, town  or  village  acquiring
     5  said  interests  or rights to allow uses, buildings, and structures that
     6  are accessory to  the  use  of  the  land  for  bona  fide  agricultural
     7  production,  unless  such  use is expressly prohibited or limited by the
     8  instrument of conveyance executed pursuant to this section.
     9    § 3. The provisions of this law shall be applicable to  all  interests
    10  or rights in real property currently owned or hereafter acquired for the
    11  preservation of agricultural lands pursuant to section 247 of the gener-
    12  al municipal law.
    13    § 4. This act shall take effect immediately.
feedback