N.Y. Agric. & Mkts. Law § 305-b
Agricultural data statement
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 305-b. Review of proposed rules and regulations of state agencies\naffecting the agricultural industry. Upon request of the state advisory\ncouncil on agriculture, or upon his or her own initiative, the\ncommissioner may review and comment upon a proposed rule or regulation\nby another state agency which may have an adverse impact on agriculture\nand farm operations in this state, and file such comment with the\nproposing agency and the administrative regulations review commission.\nEach comment shall be in sufficient detail to advise the proposing\nagency of the adverse impact on agriculture and farm operations and the\nrecommended modifications. The commissioner shall prepare a status\nreport of any actions taken in accordance with this section and include\nit in the department's annual report.\n
§ 305-b. Agricultural data statement. 1. 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 2. Notice provision. Upon the receipt of such application by the\nplanning board, zoning board of appeals, town board, or village board of\ntrustees, the clerk of such board shall mail written notice of such\napplication to the owners of land as identified by the applicant in the\nagricultural data statement. The notice shall include a description of\nthe proposed project and its location, and may be sent in conjunction\nwith any other notice required by state or local law, ordinance, rule or\nregulation for the project. The cost of mailing the notice shall be\nborne by the applicant.\n 3. Content. An agricultural data statement shall include the following\ninformation: the name and address of the applicant; a description of the\nproposed project and its location; the name and address of any owner of\nland within the agricultural district, which land contains farm\noperations and is located within five hundred feet of the boundary of\nthe property upon which the project is proposed; and a tax map or other\nmap showing the site of the proposed project relative to the location of\nfarm operations identified in the agricultural data statement.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.