N.Y. Agric. & Mkts. Law § 303-a

§ 303-a. Agricultural districts; review. 1. The county legislative\nbody shall review any district created under this section eight, twelve\nor twenty years after the date of its creation, consistent with the\nreview period set forth in the plan creating such district and at the\nend of every eight, twelve or twenty year period thereafter, whichever\nmay apply. In counties with multiple districts with review dates in any\ntwelve month period, the commissioner, on petition of the county\nlegislative body, may, for good cause shown, approve an extension of up\nto four years for a district review. Thereafter, the extended review\ndate shall be deemed the creation date for purposes of subsequent\nreviews by the county legislative body in accordance with this section.\nThe review date of a district may not be extended more than four years.\nThe petition of the county legislative body for an extension shall be\nsubmitted to the commissioner at least six months prior to the review\ndate.\n 2. In conducting a district review the county legislative body shall:\n a. provide notice of such district review by publishing a notice in a\nnewspaper having general circulation within the district and by posting\nsuch notice in at least five conspicuous places within the district. The\nnotice shall identify the municipalities in which the district is found\nand the district's total area; indicate that a map of the district will\nbe on file and open to public inspection in the office of the county\nclerk and such other places as the legislative body deems appropriate;\nand notify municipalities and land owners within the district that they\nmay propose a modification of the district by filing such proposal with\nthe county clerk of the county legislature within thirty days after the\npublication of such notice;\n b. direct the county agricultural and farmland protection board to\nprepare a report concerning the following:\n (1) the nature and status of farming and farm resources within such\ndistrict, including the total number of acres of land and the total\nnumber of acres of land in farm operations in the district;\n (2) the extent to which the district has achieved its original\nobjectives;\n (3) the extent to which county and local comprehensive plans, policies\nand objectives are consistent with and support the district;\n (4) the degree of coordination between local laws, ordinances, rules\nand regulations that apply to farm operations in such district and their\ninfluence on farming; and\n (5) recommendations to continue, terminate or modify such district.\n c. hold a public hearing at least one hundred twenty days prior to the\ndistrict review date and not more than one hundred eighty days prior to\nsuch date, in the following manner:\n (1) the hearing shall be held at a place within the district or\notherwise readily accessible to the proposed district;\n (2) a notice of public hearing shall be published in a newspaper\nhaving a general circulation within the district and shall be given in\nwriting to those municipalities whose territories encompass the district\nand any proposed modifications to the district; to persons, as listed on\nthe most recent assessment roll, whose land is the subject of a proposed\nmodification; and to the commissioner;\n (3) the notice of hearing shall contain the following information:\n (a) a statement of the time, date and place of the public hearing; and\n (b) a description of the district, any proposed modifications and any\nrecommendations of the county agricultural and farmland protection\nboard.\n 3. The county legislative body, after receiving the report and\nrecommendation of the county agricultural and farmland protection board,\nand after public hearing, shall make a finding whether the district\nshould be continued, terminated or modified. If the county legislative\nbody finds that the district should be terminated, it may do so at the\nend of such eight, twelve or twenty year period, whichever may be\napplicable, by filing a notice of termination with the county clerk and\nthe commissioner. If the county legislative body finds that the district\nshould be continued or modified, it shall submit a district review plan\nto the commissioner. The district review plan shall include a\ndescription of the district, including a map delineating the exterior\nboundaries of the district which shall conform to tax parcel boundaries;\nthe tax map identification numbers for every parcel in the district; a\ncopy of the report of the county agricultural and farmland protection\nboard required by paragraph b of subdivision two of this section; and a\ncopy of the testimony given at the public hearing required by\nsubdivision two of this section or a copy of the minutes of such\nhearing.\n 4. If the county legislative body does not act, or if a modification\nof a district is rejected by the county legislative body, the district\nshall continue as originally constituted, unless the commissioner, after\nconsultation with the advisory council on agriculture, terminates such\ndistrict, by filing a notice thereof with the county clerk, because:\n a. the area in the district is no longer predominantly viable\nagricultural land; or\n b. the commissioner of environmental conservation has determined that\nthe continuation of the district would not be consistent with state\nenvironmental plans, policies and objectives; provided, however, that if\nthe commissioner certifies to the county legislative body that he or she\nwill not approve the continuance of the district unless modified, the\ncommissioner shall grant the county an extension as provided in\nsubdivision one of this section to allow the county to prepare a\nmodification of the district in the manner provided in this section.\n 5. Plan review, certification, correction of any errors and filing\nshall be conducted in the same manner prescribed for district creation\nin subdivisions five, six and seven of section three hundred three of\nthis article.\n