2006 New York Code - County Agricultural And Farmland Protection Board.

 
    § 302. County  agricultural  and  farmland  protection board. 1. (a) A
  county legislative body may establish a county agricultural and farmland
  protection board which shall consist of eleven members, at least four of
  whom shall be active farmers. At least one member of  such  board  shall
  represent  agribusiness  and  one  member  may represent an organization
  dedicated to agricultural land preservation.  These six members  of  the
  board  shall reside within the county which the respective board serves.
  The members of the board shall  also  include  the  chairperson  of  the
  county  soil  and  water  conservation  district's board of directors, a
  member of the county legislative body, a  county  cooperative  extension
  agent,  the  county  planning  director  and the county director of real
  property tax services. The chairperson shall be chosen by majority vote.
  Such board shall be established in the event no such board exists at the
  time of receipt by the county legislative body of  a  petition  for  the
  creation or review of an agricultural district pursuant to section three
  hundred  three  of this article, or at the time of receipt by the county
  of a notice of intent filing pursuant to  subdivision  four  of  section
  three  hundred  five of this article. The members of such board shall be
  appointed by the chairperson of the county legislative body,  who  shall
  solicit  nominations  from  farm membership organizations except for the
  chairperson of the county soil and water conservation  district's  board
  of directors, the county planning director and director of real property
  tax  services,  who  shall  serve  ex  officio.  The members shall serve
  without salary, but the county legislative body may  entitle  each  such
  member  to  reimbursement  for actual and necessary expenses incurred in
  the performance of official duties.
    (b) After the board has  been  established,  the  chairperson  of  the
  county  legislative  body  shall appoint to it two qualified persons for
  terms of two years each, two qualified persons for terms of three  years
  each and two qualified persons for a term of four years. Thereafter, the
  appointment  of  each  member  shall  be  for  a  term  of  four  years.
  Appointment of a member of the county legislative body shall  be  for  a
  term  coterminous  with  the member's term of office. Appointment of the
  county planning director  and  county  director  of  real  property  tax
  services  shall  be  coterminous  with  their tenure in such office. The
  appointment of the chairperson of the county soil and water conservation
  district's board of directors shall be for a term coterminous  with  his
  or  her  designation  as  chairperson  of  the  county  soil  and  water
  conservation district's board of directors. Any member of the board  may
  be  reappointed  for a succeeding term on such board without limitations
  as to the number of terms the member may serve.
    (c) The county agricultural and farmland protection board shall advise
  the county legislative body and work with the county planning  board  in
  relation  to  the  proposed establishment, modification, continuation or
  termination of any agricultural district. The board shall render  expert
  advice  relating to the desirability of such action, including advice as
  to the nature of farming and  farm  resources  within  any  proposed  or
  established  area and the relation of farming in such area to the county
  as a whole. The board may review notice of intent  filings  pursuant  to
  subdivision  four of section three hundred five of this article and make
  findings and recommendations pursuant to that section as to  the  effect
  and  reasonableness  of proposed actions involving the advance of public
  funds  or  acquisitions  of  farmland  in  agricultural   districts   by
  governmental  entities.  The  board shall also assess and approve county
  agricultural and farmland protection plans.
    (d) A county agricultural and farmland protection  board  may  request
  the  commissioner  of agriculture and markets to review any state agency
  rules and regulations  which  the  board  identifies  as  affecting  the
  agricultural  activities  within  an  existing  or proposed agricultural
  district.  Upon  receipt  of  any  such  request,  the  commissioner  of
  agriculture  and  markets  shall,  if the necessary funds are available,
  submit  in  writing to the board (i) notice of changes in such rules and
  regulations  which  he  or  she  deems  necessary,  (ii)   a   copy   of
  correspondence  with  another  agency  if such rules and regulations are
  outside his or her jurisdiction, including such  rules  and  regulations
  being  reviewed,  and  his  or  her recommendations for modification, or
  (iii) his or  her  reasons  for  determining  that  existing  rules  and
  regulations be continued without modification.
    (e) The county agricultural and farmland protection board shall notify
  the commissioner and the commissioner of the department of environmental
  conservation  of  any  attempts  to  propose  the  siting of solid waste
  management facilities upon farmland within an agricultural district.
    2. Upon the request of one or more owners of land used in agricultural
  production the board may review the land classification  for  such  land
  established  by  the  department  of agriculture and markets, consulting
  with the district soil and water conservation  office,  and  the  county
  cooperative  extension  service office. After such review, the board may
  recommend revisions to the classification of specific land  areas  based
  on  local  soil,  land  and  climatic  conditions  to  the department of
  agriculture and markets.