New York Agriculture and Markets Code § 303

Agricultural districts; creation
Open in Lexace · Ask the AI about this section
§ 303. Agricultural districts; creation. 1. Any owner or owners of\nland may submit a proposal to the county legislative body for the\ncreation of an agricultural district within such county, provided that\nsuch owner or owners own at least two hundred fifty acres of the land\nproposed to be included in the district. Such proposal shall be\nsubmitted in such manner and form as may be prescribed by the\ncommissioner, shall include a description of the proposed district,\nincluding a map delineating the exterior boundaries of the district\nwhich shall conform to tax parcel boundaries, and the tax map\nidentification numbers for every parcel in the proposed district. The\nproposal shall include a review period of eight years.\n  2. Upon the receipt of such a proposal, the county legislative body:\n  a. shall thereupon provide notice of such proposal by publishing a\nnotice in a newspaper having general circulation within the proposed\ndistrict and by posting a notice on the home page of the county's\nwebsite; posting such notice in five conspicuous places within the\nproposed district; and providing such notice in writing by first class\nmail to those municipalities whose territory encompasses the proposed\ndistrict. The notice shall contain the following information:\n  (1) a statement that a proposal for an agricultural district has been\nfiled with the county legislative body pursuant to this article;\n  (2) a statement that the proposal will be on file open to public\ninspection in the county clerk's office;\n  (3) a statement that any county landowner or municipality whose\nterritory encompasses the proposed district may propose a modification\nof the proposed district in such form and manner as may be prescribed by\nthe commissioner;\n  (4) a statement that the proposed modification must be filed with the\ncounty clerk and the clerk of the county legislature within thirty days\nof the publication and posting and mailing of such notice; and\n  (5) a statement that at the termination of the thirty day period, the\nproposal and proposed modifications will be submitted to the county\nagricultural and farmland protection board and that thereafter a public\nhearing will be held on the proposal, proposed modifications, and\nrecommendations of the county agricultural and farmland protection\nboard;\n  b. shall receive any proposals for modifications of such proposal\nwhich may be submitted by proponents of the district, any county\nlandowners or municipalities within thirty days of the publication and\nposting and mailing of such notice;\n  c. shall, upon the termination of such thirty day period, refer such\nproposal and proposed modifications to the county agricultural and\nfarmland protection board, which shall, after consultation with the\ncounty planning board, within forty-five days report to the county\nlegislative body its recommendations concerning the proposal and\nproposed modifications; and\n  d. shall hold a public hearing in the following manner:\n  (1) The hearing shall be held at a place within the proposed district\nor otherwise readily accessible to the proposed district;\n  (2) The notice shall contain the following information:\n  (a) a statement of the time, date and place of the public hearing;\n  (b) a description of the proposed district, any proposed additions and\nany recommendations of the county agricultural and farmland protection\nboard; and\n  (c) a statement that the public hearing will be held concerning:\n  (i) the original proposal;\n  (ii) any written amendments proposed during the thirty day review\nperiod; and\n  (iii) any recommendations proposed by the county agricultural and\nfarmland protection board;\n  (3) The notice shall be published in a newspaper having a general\ncirculation within the proposed district and posted on the home page of\nthe county's website and shall be given in writing by first class mail\nto those municipalities whose territory encompasses the proposed\ndistrict and 

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.