What's happening
This bill allows any land owner to propose an agricultural district and prohibits local laws from regulating manure use in such districts.
Why it matters
Expands access to agricultural district designation. By removing the minimum acreage requirement (previously 250 acres), the bill allows any landowner—regardless of parcel size—to propose the creation of an agricultural district. This could lead to more, smaller districts and potentially increase the amount of land receiving agricultural protections.
Limits local government authority over manure management. The bill explicitly prohibits local laws from regulating the collection, use, or storage of manure in agricultural districts, even if these activities are claimed to pose health or pollution risks. This creates a uniform standard favoring agricultural practices over local environmental or nuisance concerns.
Shifts balance between agricultural and local interests. By prioritizing state-level agricultural policy over local ordinances, the bill may reduce the ability of municipalities to address complaints or environmental issues related to farming operations, especially in more densely populated or suburbanizing areas.
Potential for increased agricultural activity and related impacts. Easing the formation of agricultural districts and shielding manure practices from local regulation could encourage more intensive farming, which may have economic benefits for farmers but raises questions about local environmental oversight and community input.
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Who cares
Headline styles
Limit Local Farming Restrictions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
274
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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, in relation to local laws restricting farming operations within an agricultural district
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 303 of the agriculture and markets law, as amended by chapter 35 of the laws of 2016, is amended to read as follows:
1. Any owner or owners of land may submit a proposal to the county legislative body for the creation of an agricultural district within such county[, provided that such owner or owners own at least two hundred fifty acres of the land proposed to be included in the district]. Such proposal shall be submitted in such manner and form as may be prescribed by the commissioner, shall include a description of the proposed district, including a map delineating the exterior boundaries of the district which shall conform to tax parcel boundaries, and the tax map identification numbers for every parcel in the proposed district. The proposal shall include a review period of eight years.
§ 2. Paragraph a of subdivision 1 of section 305-a of the agriculture and markets law, as amended by chapter 357 of the laws of 1997, is amended to read as follows:
a. Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened. For purposes of this section, the collection, use or storage of manure shall not be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04762-01-9
S. 274 2
restricted or regulated by local law, ordinance or resolution in an agricultural district on the basis that such activities pose a threat to public health or safety as either a nuisance or a pollutant.
§ 3. 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, in relation to local laws restricting farming operations within an agricultural district
Purpose
To solidify protections afforded to farmers under the Right to Farm Law.
Summary of provisions
Section 1 amends the agriculture and markets law to remove the 250 acres minimum for the creation of an agricultural district. Section 2 States that for the purpose of this
Section the collection, use or storage of manure shall not be restricted or regulated by local law, ordinance, or resolution in an agricultural district on the basis that such activities pose a threat to public health or safety as either a nuisance or pollutant.
Justification
New York State has a robust Right to Farm law aimed at protecting our State's farms which bars private nuisance suits. The goal of the law is to provide protection to farmland against encroachment from non-agricul- tural development. However, other States have robust Right to Farm laws as well, including North Carolina. Recently in North Carolina a lawsuit aimed at a large farm saw jury verdicts of $50 million, $25 million, and $473.5 million showed a vulnerability to the law there. While in this instance the company being sued is a large company, should these cases be brought against smaller farms they would bankrupt them. This legis- lation aims to provide additional protections to our farms, and in particular small farms.
Legislative history
New Bill.
Fiscal implications
None to the state.
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.