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 58-13)
Status: (Introduced - Dead) 2020-02-27 - print number 7845b [A07845 Detail]
Download: New_York-2019-A07845-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 6231--B A. 7845--B 2019-2020 Regular Sessions SENATE - ASSEMBLY May 24, 2019 ___________ IN SENATE -- Introduced by Sens. LAVALLE, BROOKS, KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO, JONES, WILLIAMS, COOK, CARROLL, LAVINE, TAGUE, BLAKE, GLICK, SEAWRIGHT, BARRON, D'URSO, CROUCH, STIRPE, CAHILL, ABINANTI, WOERNER, FAHY, STECK, ARROYO, WEPRIN, BRABENEC, MONTESANO, McDONOUGH, PALUMBO, SOLAGES, L. ROSEN- THAL, 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, PEOPLES-STOKES -- 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 -- recommitted to the Committee on Local Governments in accordance with Assembly Rule 3, sec. 2 -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11156-04-0S. 6231--B 2 A. 7845--B 1 agricultural lands for the production of food and other agricultural 2 products. 3 Section 247 of the general municipal law authorizes any county, city, 4 town or village to acquire interests or rights in real property for the 5 preservation of open spaces and areas as a public purpose. Open space or 6 open area is defined as any space or area characterized by: (1) natural 7 scenic beauty; or (2) whose existing openness, natural condition, or 8 present state of use, if retained, would enhance the present or poten- 9 tial value of abutting or surrounding urban development, or would main- 10 tain or enhance the conservation of natural or scenic resources. 11 Natural resources include but are not limited to agricultural lands 12 defined as open lands actually used in bona fide agricultural 13 production. 14 The provisions of section 247 of the general municipal law relating to 15 open space or area and the actual use of such lands in bona fide agri- 16 cultural production have recently been the subject of a legal controver- 17 sy with regard to the validity of local regulations that permit agricul- 18 tural uses, buildings, or structures on agricultural lands protected 19 pursuant to that section. The appellate division of the state supreme 20 court declared the local regulations to be valid. 21 The legislature reaffirms that interests or rights acquired in agri- 22 cultural lands pursuant to section 247 of the general municipal law do 23 not prohibit or preclude the right to use agricultural lands for uses, 24 buildings and structures that are accessory to bona fide agricultural 25 production. The legislature further affirms that municipalities possess 26 the legal authority to permit and regulate such uses, buildings, and 27 structures on agricultural lands protected pursuant to this section. 28 Such uses, buildings or structures permitted pursuant to local regu- 29 lation do not constitute a waste of public property, nor do they consti- 30 tute an alienation of any interests or rights in real property. Such 31 uses, buildings or structures are consistent with the preservation of 32 open space and areas pursuant to section 247 of the general municipal 33 law. 34 This legislation further reaffirms the state's interest in the devel- 35 opment of its agricultural lands for the production of food and agricul- 36 tural products as set forth in the state constitution. It is the further 37 intent of the legislature to reaffirm its commitment to protecting, 38 conserving and encouraging the development and improvement of the 39 state's agricultural lands. Agricultural lands in New York state are in 40 jeopardy of being lost for agricultural purposes due to deleterious side 41 effects resulting from the extension of nonagricultural development into 42 farm areas. 43 The socio-economic vitality of agriculture in this state is essential 44 to the economic stability and growth of many local communities and the 45 state as a whole. Without the ability to engage in bona fide agricul- 46 tural production, which includes the right to engage in uses and the 47 right to erect buildings and structures accessory to agricultural 48 production, more agricultural lands will be lost and farming as a vital 49 component of the state's economy will be further threatened. 50 § 2. Where interests or rights in real property for the preservation 51 of agricultural lands have been acquired for the preservation of open 52 spaces and areas pursuant to section 247 of the general municipal law, 53 permits may be granted by the county, city, town or village acquiring 54 said interests or rights to allow uses, buildings, and structures that 55 are accessory to the use of the land for bona fide agriculturalS. 6231--B 3 A. 7845--B 1 production, unless such use is expressly prohibited or limited by the 2 instrument of conveyance executed pursuant to this section. 3 § 3. The provisions of this law shall be applicable to all interests 4 or rights in real property currently owned or hereafter acquired for the 5 preservation of agricultural lands pursuant to section 247 of the gener- 6 al municipal law. 7 § 4. This act shall take effect immediately.
