Bill Text: NY S03626 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-13 - SUBSTITUTED BY A20 [S03626 Detail]
Download: New_York-2011-S03626-Introduced.html
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:
1 Section 1. Paragraph b of subdivision 1 of section 305-a of the agri-
2 culture and markets law is relettered paragraph c and a new paragraph b
3 is added to read as follows:
4 B. UPON THE REQUEST OF ANY MUNICIPALITY, FARM OWNER OR OPERATOR, THE
5 COMMISSIONER SHALL RENDER AN OPINION TO THE APPROPRIATE LOCAL GOVERNMENT
6 OFFICIALS, AS TO WHETHER FARM OPERATIONS WOULD BE UNREASONABLY
7 RESTRICTED OR REGULATED BY PROPOSED CHANGES IN LOCAL LAND USE REGU-
8 LATIONS, ORDINANCES OR LOCAL LAWS PERTAINING TO AGRICULTURAL PRACTICES
9 AND TO THE APPROPRIATE LOCAL LAND USE ENFORCEMENT OFFICIALS ADMINISTER-
10 ING LOCAL LAND USE REGULATIONS, ORDINANCES, OR LOCAL LAWS OR REVIEWING A
11 PERMIT PERTAINING TO AGRICULTURAL PRACTICES.
12 S 2. Paragraph b of subdivision 1 of section 308 of the agriculture
13 and markets law, as amended by chapter 120 of the laws of 2010, is
14 amended to read as follows:
15 b. Sound agricultural practices refer to those practices necessary for
16 the on-farm production, preparation and marketing of agricultural
17 commodities. Examples of activities which entail practices the commis-
18 sioner may consider include, but are not limited to, operation of farm
19 equipment; proper use of agricultural chemicals and other crop
20 protection methods; direct sale to consumers of agricultural commodities
21 or foods containing agricultural commodities produced on-farm; agricul-
22 tural tourism; "timber operation," as defined in subdivision fourteen of
23 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
S. 3626 2
1 farm structures. The commissioner shall consult appropriate state agen-
2 cies and any guidelines recommended by the advisory council on agricul-
3 ture. The commissioner may consult as appropriate, the New York state
4 college of agriculture and life sciences and the U.S.D.A. natural
5 resources conservation service, AND PROVIDE SUCH INFORMATION, AFTER THE
6 ISSUANCE OF A FORMAL OPINION, TO THE MUNICIPALITY IN WHICH THE AGRICUL-
7 TURAL PRACTICE BEING EVALUATED IS LOCATED. The commissioner shall also
8 consider whether the agricultural practices are conducted by a farm
9 owner or operator as part of his or her participation in the AEM program
10 as set forth in article eleven-A of this chapter. Such practices shall
11 be evaluated on a case-by-case basis.
12 S 3. This act shall take effect immediately.
