N.Y. Agric. & Mkts. Law § 305-a

§ 305-a. Coordination of local planning and land use decision-making\nwith the agricultural districts program. 1. Policy of local\ngovernments. a. Local governments, when exercising their powers to\nenact and administer comprehensive plans and local laws, ordinances,\nrules or regulations, shall exercise these powers in such manner as may\nrealize the policy and goals set forth in this article, and shall not\nunreasonably restrict or regulate farm operations within agricultural\ndistricts in contravention of the purposes of this article unless it can\nbe shown that the public health or safety is threatened.\n b. Upon the request of any municipality, farm owner or operator, the\ncommissioner shall render an opinion to the appropriate local government\nofficials, as to whether farm operations would be unreasonably\nrestricted or regulated by proposed changes in local land use\nregulations, ordinances or local laws pertaining to agricultural\npractices and to the appropriate local land use enforcement officials\nadministering local land use regulations, ordinances, or local laws or\nreviewing a permit pertaining to agricultural practices.\n c. The commissioner, upon his or her own initiative or upon the\nreceipt of a complaint from a person within an agricultural district,\nmay bring an action to enforce the provisions of this subdivision.\n 2. Agricultural data statement; submission, evaluation. Any\napplication for a special use permit, site plan approval, use variance,\nor subdivision approval requiring municipal review and approval by a\nplanning board, zoning board of appeals, town board, or village board of\ntrustees pursuant to article sixteen of the town law or article seven of\nthe village law, that would occur on property within an agricultural\ndistrict containing a farm operation or on property with boundaries\nwithin five hundred feet of a farm operation located in an agricultural\ndistrict, shall include an agricultural data statement. The planning\nboard, zoning board of appeals, town board, or village board of trustees\nshall evaluate and consider the agricultural data statement in its\nreview of the possible impacts of the proposed project upon the\nfunctioning of farm operations within such agricultural district. The\ninformation required by an agricultural data statement may be included\nas part of any other application form required by local law, ordinance\nor regulation.\n 3. Agricultural data statement; notice provision. Upon the receipt of\nsuch application by the planning board, zoning board of appeals, town\nboard or village board of trustees, the clerk of such board shall mail\nwritten notice of such application to the owners of land as identified\nby the applicant in the agricultural data statement. Such notice shall\ninclude a description of the proposed project and its location, and may\nbe sent in conjunction with any other notice required by state or local\nlaw, ordinance, rule or regulation for the said project. The cost of\nmailing said notice shall be borne by the applicant.\n 4. Agricultural data statement; content. An agricultural data\nstatement shall include the following information: the name and address\nof the applicant; a description of the proposed project and its\nlocation; the name and address of any owner of land within the\nagricultural district, which land contains farm operations and is\nlocated within five hundred feet of the boundary of the property upon\nwhich the project is proposed; and a tax map or other map showing the\nsite of the proposed project relative to the location of farm operations\nidentified in the agricultural data statement.\n