2022 New York Laws
AGM - Agriculture and Markets
Article 25-AA - Agricultural Districts
302 - 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 or an
employee of the county soil and water conservation  district  designated
by  the  chairperson,  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 or his or her
designee, 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.