What's happening
This bill expands agricultural disclosure requirements to include properties within 500 feet of agricultural districts, not just those inside them.
Why it matters
Broadens who is notified about farming activities. People buying property within 500 feet of an agricultural district—not just inside one—will now receive disclosures about potential farm-related impacts like noise, odors, and dust. This could affect more buyers, especially those near, but not inside, these districts.
Ensures easier public access to agricultural district information. The bill requires county governments to make maps and information about agricultural districts widely available, helping buyers, sellers, and real estate professionals identify affected properties more easily.
Clarifies seller responsibilities and limits liability. Sellers are only required to use information that is "readily available" from county governments to determine if a property is subject to disclosure, reducing the burden of independent research and limiting disputes about whether the notice should have been provided.
May impact property values and expectations. Expanded notification could affect how buyers perceive the desirability or risks of properties near agricultural districts, potentially influencing local real estate markets and community relations with farmers.
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Who cares
Headline styles
Notify Homebuyers Near Farms
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to agriculture
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1507
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the real property law, in relation to agricultural disclosure requirements for agricultural districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 308 of the agriculture and markets law, as added by chapter 248 of the laws of 2006, is amended to read as follows:
5. The commissioner shall develop and make available to prospective grantors and purchasers of any parcel of real property located partially or wholly within any agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district, in this state and to the general public, practical information related to the right to farm as set forth in this article including, but not limited to right to farm disclosure requirements established pursuant to section three hundred ten of this article and section three hundred thirty-three-c of the real property law. The commissioner shall assist county governments to make available and accessible, to the maximum extent practicable, information including but not limited to maps of such agricultural districts in a manner that can be used to assist such grantors and purchasers to readily identify properties that are subject to right to farm disclosure requirements established pursuant to section three hundred ten of this article and section three hundred thirtythree-c of the real property law, provided, however, the commissioner shall not be responsible for verifying individual parcels.
§ 2. Subdivision 1 of section 310 of the agriculture and markets law, as amended by chapter 248 of the laws of 2006, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01238-01-7
S. 1507 2
1. When any purchase and sale contract is presented for the sale, purchase, or exchange of a parcel of real property located partially or wholly within an agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district, established pursuant to the provisions of this article, the prospective grantor shall present to the prospective grantee a disclosure notice which states the following:
"It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district, and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors. Prospective residents are also informed that the location of property within an agricultural district or within five hundred feet of the boundary of an agricultural district may impact the ability to access water and/or sewer services for such property under certain circumstances. Prospective purchasers are urged to contact the New York State Department of Agriculture and Markets to obtain additional information or clarification regarding their rights and obligations under article 25-AA of the Agriculture and Markets Law." In determining if the parcel of real property in the sales contract is subject to the provisions of this subdivision, such grantor or seller shall only be required to use information that is readily available from county governments, including but not limited to maps of parcels of real property that are partially or wholly within an agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district.
§ 3. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333 of the real property law, as amended by section 1 of part B of chapter 57 of the laws of 2004, is amended to read as follows:
(5) a statement indicating whether the parcel is located in an agricultural district or within five hundred feet of the boundary of an agricultural district and, if so, whether a disclosure notice has been provided pursuant to section three hundred thirty-three-c of this article and section three hundred ten of the agriculture and markets law;
§ 4. Section 333-c of the real property law, as amended by chapter 411 of the laws of 1998, subdivision 1 as amended by chapter 248 of the laws of 2006, is amended to read as follows:
§ 333-c. Lands in agricultural districts; disclosure. 1. When any purchase and sales contract is presented for the sale, purchase, or exchange of a parcel of real property located partially or wholly within an agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district, established pursuant to the provisions of article twenty-five-AA of the agriculture and markets law, the prospective grantor shall present to the prospective grantee a disclosure notice which states the following:
"It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district, or within five
S. 1507 3
hundred feet of the boundary of an agricultural district, and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors. Prospective residents are also informed that the location of property within an agricultural district may impact the ability to access water and/or sewer services for such property under certain circumstances. Prospective purchasers are urged to contact the New York State Department of Agriculture and Markets to obtain additional information or clarification regarding their rights and obligations under article 25-AA of the Agriculture and Markets Law."
2. In determining if the parcel of real property in the sales contract is subject to the provisions of this subdivision, such grantor or seller shall only be required to use information that is readily available from county governments, including but not limited to maps of parcels of real property that are partially or wholly within an agricultural district, or partially or wholly within five hundred feet of the boundary of an agricultural district.
3. Such disclosure notice shall be signed by the prospective grantor and grantee prior to the sale, purchase or exchange of such real property.
[3.] 4. Failure of the seller to provide such information to the buyer shall not prevent the recording officer from filing such deed.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law and the real property law, in relation to agricultural disclosure requirements for agricultural districts
Purpose
To notify prospective purchasers of real property that is in close proximity to farm operations conducted in an agricultural district about environmental impacts of such operations and the state's right to farm policy.
Summary of provisions
The bill amends sections 308 and 310 of the agricultural and markets law, and sections 333 and 333c of the real property law to include notification by grantors to prospective purchasers of real property within five hundred feet of the boundary of an agricultural district of their proximity to farm operations and associated environmental impacts.
Justification
Increasingly, people are seeking to move to "the country", often near farm operations, making it more important than ever to notify prospective purchasers about the nature of farm operations, including the sights, smells, sounds, and dust that may impact property in close proximity to such operations.
Under current law, when a person seeks to purchase land "partially or wholly within an agricultural district", they are given advance notice (a disclosure notice) that some or all of the property lies within such a district and are urged to contact the NYS state Department of Agriculture and Markets for additional information about farm operations conducted in agricultural districts.
This bill seeks to extend that notice to those prospective purchasers of property within five hundred feet of the boundary of an agricultural district, rather than limiting such notice to property directly or partially within such a district. This will further serve the intent of the current statutory language which is to increase awareness of those seeking to purchase real property that is near an agricultural district on the facts of farm operations and the state's right to farm policy.
In addition, there is precedence in New York state law for using five hundred feet as a measure. Chapter 658 of the laws of 2005, also a Rural Resources Commission bill, required that municipalities provide notice to their neighbors when undertaking certain planning and zoning actions within five hundred feet of a neighboring municipality.
Legislative history
2013-14: A1393 (Gunther) passed Assembly/S3860 (Ranzenhofer) referred to Agriculture 2011-12: A5825 (Gunther) passed Assembly 2009-10: A7835 (Koon) passed Assembly/S5428 (Aubertine) referred to Agriculture 2007-08: A 1 0169A (Koon) passed Assembly/S706 1 A (Winner) committed to Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.