2015 New York Laws
AGM - Agriculture & Markets
Article 25-AA - (Agriculture & Markets) Agricultural Districts
303-A - Agricultural districts; review.

  303-a.  Agricultural  districts;  review. 1. The county legislative
  body shall review any district created under this section eight,  twelve
  or  twenty  years  after  the  date of its creation, consistent with the
  review period set forth in the plan creating such district  and  at  the
  end  of  every eight, twelve or twenty year period thereafter, whichever
  may apply. In counties with multiple districts with review dates in  any
  twelve  month  period,  the  commissioner,  on  petition  of  the county
  legislative body, may, for good cause shown, approve an extension of  up
  to  four  years  for  a district review. Thereafter, the extended review
  date shall be deemed  the  creation  date  for  purposes  of  subsequent
  reviews  by the county legislative body in accordance with this section.
  The review date of a district may not be extended more than four  years.
  The  petition  of  the county legislative body for an extension shall be
  submitted to the commissioner at least six months prior  to  the  review
  date.
2. In conducting a district review the county legislative body shall:
a.  provide notice of such district review by publishing a notice in a
  newspaper having general circulation within the district and by  posting
  such notice in at least five conspicuous places within the district. The
  notice  shall identify the municipalities in which the district is found
  and the district's total area; indicate that a map of the district  will
  be  on  file  and  open to public inspection in the office of the county
  clerk and such other places as the legislative body  deems  appropriate;
  and  notify municipalities and land owners within the district that they
  may propose a modification of the district by filing such proposal  with
  the  county clerk of the county legislature within thirty days after the
  publication of such notice;
b. direct the county agricultural and  farmland  protection  board  to
  prepare a report concerning the following:
(1)  the  nature  and status of farming and farm resources within such
  district, including the total number of acres  of  land  and  the  total
  number of acres of land in farm operations in the district;
(2)  the  extent  to  which  the  district  has  achieved its original
  objectives;
(3) the extent to which county and local comprehensive plans, policies
  and objectives are consistent with and support the district;
(4) the degree of coordination between local laws,  ordinances,  rules
  and regulations that apply to farm operations in such district and their
  influence on farming; and
(5) recommendations to continue, terminate or modify such district.
c. hold a public hearing at least one hundred twenty days prior to the
  district  review date and not more than one hundred eighty days prior to
  such date, in the following manner:
(1) the hearing shall be held  at  a  place  within  the  district  or
  otherwise readily accessible to the proposed district;
(2)  a  notice  of  public  hearing  shall be published in a newspaper
  having a general circulation within the district and shall be  given  in
  writing to those municipalities whose territories encompass the district
  and any proposed modifications to the district; to persons, as listed on
  the most recent assessment roll, whose land is the subject of a proposed
  modification; and to the commissioner;
(3) the notice of hearing shall contain the following information:
(a) a statement of the time, date and place of the public hearing; and
(b)  a description of the district, any proposed modifications and any
  recommendations of  the  county  agricultural  and  farmland  protection
  board.
3.  The  county  legislative  body,  after  receiving  the  report and
  recommendation of the county agricultural and farmland protection board,

  and after public hearing, shall make  a  finding  whether  the  district
  should  be  continued, terminated or modified. If the county legislative
  body finds that the district should be terminated, it may do so  at  the
  end  of  such  eight,  twelve  or  twenty  year period, whichever may be
  applicable, by filing a notice of termination with the county clerk  and
  the commissioner. If the county legislative body finds that the district
  should  be continued or modified, it shall submit a district review plan
  to  the  commissioner.  The  district  review  plan  shall   include   a
  description  of  the  district, including a map delineating the exterior
  boundaries of the district which shall conform to tax parcel boundaries;
  the tax map identification numbers for every parcel in the  district;  a
  copy  of  the  report of the county agricultural and farmland protection
  board required by paragraph b of subdivision two of this section; and  a
  copy   of  the  testimony  given  at  the  public  hearing  required  by
  subdivision two of this section  or  a  copy  of  the  minutes  of  such
  hearing.
4.  If  the county legislative body does not act, or if a modification
  of a district is rejected by the county legislative body,  the  district
  shall continue as originally constituted, unless the commissioner, after
  consultation  with  the advisory council on agriculture, terminates such
  district, by filing a notice thereof with the county clerk, because:
a. the  area  in  the  district  is  no  longer  predominantly  viable
  agricultural land; or
b.  the commissioner of environmental conservation has determined that
  the continuation of the district would  not  be  consistent  with  state
  environmental plans, policies and objectives; provided, however, that if
  the commissioner certifies to the county legislative body that he or she
  will  not  approve  the continuance of the district unless modified, the
  commissioner  shall  grant  the  county  an  extension  as  provided  in
  subdivision  one  of  this  section  to  allow  the  county to prepare a
  modification of the district in the manner provided in this section.
5. Plan review, certification, correction of  any  errors  and  filing
  shall  be  conducted in the same manner prescribed for district creation
  in subdivisions five, six and seven of section three  hundred  three  of
  this article.