Provides protection for timber operations from unreasonably restrictive ordinances, pertains to correction of errors in agricultural district review filings

Summary of provisions

Section 1 of the bill would amend Agriculture and Markets Law (AML) 301 (11) to define a "farm operation" to include a "timber operation" as defined in an amended AML § 301(14). Section 1 of the bill would also amend AML § 301(11) by removing the production, management and harvest- ing of farm woodland from the definition.

Section 2 of the bill would amend AML § 301(14) to define the term "timber operation" to mean the on-farm production, management, harvest- ing, processing and marketing of timber grown on the farm operation.

Section 3 of the bill would amend AML § 303-a (5) to clarify the process for correcting errors in agricultural district review filings with the Department.

Section 4 of the bill would amend AML § 308(1)(b) to make conforming amendments due to the proposed amendment of the definition for "farm operation" in AML § 308(11).

Section 5 of the bill would provide for an immediate effective date.

Existing law

AML § 301(11) defines a "farm operation" to include "timber processing" and the production, management and harvesting of "farm woodland."

AML § 301(14) defines "timber processing" as the on-farm processing of timber grown on a farm operation into woodland products, including but not limited to logs, lumber, posts and firewood, through the use of a readily moveable, nonpermanent saw mill.

AML § 303-a (5) provides for the review, certification and filing of agricultural district review plans.

AML § 308(1)(b) sets forth examples of agricultural practices listed in the Right to Farm Law, including the production, management and harvest- ing of farm woodland.

Prior legislative history

This is a new proposal.

Statement in support

The United States Department of Agriculture's 2007 Census of Agriculture reports that over one fifth of land in New York farms consists of wood- land. Farm woodland, and the production for sale of woodland products, has long been recognized as eligible for an agricultural value assess- ment subject to acreage and gross sales limitations. An amendment to the AML enacted in 2005, along with two additional amendments enacted in 2008, added on-farm timber processing activities to Article 25-AA of the Agriculture and Markets Law relating to agricultural districts.

This bill is necessary to consolidate and clarify confusing aspects of these amendments as they relate to the protections and benefits afforded farm timber operations. Specifically, the definition of "farm operation" incorporates the terms "timber processing" and "farm woodland" that are each separately defined. The inclusion of both these terms is incongru- ous because the latter term exists for agricultural assessment purposes to identify a type of land. In contrast, it is used in the term "farm operation" to identify a type of crop. Thus, the bill would harmonize the terms by removing the term "farm woodland" and associated language from the definition of "farm operation."

Conversely, the definition of the term "timber processing" does not accurately describe all the relevant timber-related activities that should be covered by the statute, including marketing. Therefore, the bill would add marketing to that term, change the term to "timber opera- tion," and add conforming language previously associated with "farm woodland" within the definition of "farm operation." As a result, the bill would provide better notice to landowners and municipalities of their rights and responsibilities, and would assist the Department in the efficient administration of the agricultural districts law. However, by retaining the sales thresholds currently in the definition of the term "timber processing," the bill would limit such protections to timber operations that have ~ substantial connection to a farm.

Budget implications

None.

Effective date

The bill would take effect immediately.