NY Right to Farm Law

[HappyClucker7]

Can anyone tell me where I can find out which areas of New York fall under the Right to Farm Law?

 

[Emelyn]

Can anyone tell me where I can find out which areas of New York fall under the Right to Farm Law?

I need this too. I'm in the lower end of NY.

 

[Emelyn]

@Fuchsia Do you know?

 

[U_Stormcrow]

ALL of New York falls under the State "Right to Farm" law. Its a State law which deliberately displaced local rule in a very narrow area of jurisprudence.

That said, while the law is in effect State-wide, it is applicable only to a very narrow set of facts. NY Agric. & Mkts § 300 et seq

As a general matter, the various State "Right to Farm" laws are completely irrelevant for the typical backyard owner. The Statutes were written to prevent commercial farming operations from being shut down by private nuisance suits. NY, for instance, limits application of its laws through acreage requirements, time requirements, AND gross sales requirements (see section 301). The quick gloss? At least seven acre parcel, dedicated to bona fide agricultural uses for at least the prior two years, with gross sales of (some excptions) a minimum of either $10,000 annually or $50,000 annually.

Section 302 provides the option of County Agricultural Boards to advise on zoning. Section 303 provides a means by which a farmer or farmers can propose creation of an Agricultural district within a district. That zone must be the greater of either 500 acres or 10% of the total district land. Section 304 provides for Agricultural Assessment value. S305 involves local taxation and local zoning of land within an established Agricultural district. S306 involves taxation and assessments outside of an established Agricultural District. S307 is administrative, vesting rulemaking authority in a commisioner.

Section 308 (which you should read) bars private suits sounded in nuisance against bona fide farming activities consistent with sound agricultural practices on lands meeting the limiting definitons above. It does not bar public suits in nuisance, or lots of other legal claims against the land and its management - it just prevents a new neighbor from moving in, then claiming that the chicken farm next door makes too much noise.

The stutute continues after that with more stuff you are likely not interested in.

***None of the above should be considered legal advice, there's no Attorney Client relationship here, I am not admitted to the BAR in any of the 50 States, am not a lawyer, blah blah blah. I'm just a reasonably well read individual with unusual choices in preferred subject matter, who has had some experience in the legal industry.

p.s. you may, in addition, benefit from Local RIght to Farm laws. SOme Counties and Towns have implimented ordinances of their own, providing greater protections than found in State law - generally by applying the immunity from private nuisance to smaller, less commercially productive parcels of land.

 

[U_Stormcrow]

and @HappyClucker7 start with your property ID in your county and the local tax assessor. If your parcel is in a desginated Agricultural District, there should be special taxing assessments and codes well documented on the tax rolls. Additionally, you will be able to confirm (according to county records) how much property (acres) you officially own, and how many (if any) have been designated to commercial farming activities. Scrolling through past years of the tax roll will help establish how many years of continuous operation the land has held that designation. That office is likely also the place you Start if you want to begin to claim those special assessments in the future, just as you might claim a homestead exemption.

My 30+ acres (not in NY), for instance, are almost entirely set aside for "tree farming", and I believe I have about 1.5 acres designated for my residence and ancilliary structures.

 

[Emelyn]

and @HappyClucker7 start with your property ID in your county and the local tax assessor. If your parcel is in a desginated Agricultural District, there should be special taxing assessments and codes well documented on the tax rolls. Additionally, you will be able to confirm (according to county records) how much property (acres) you officially own, and how many (if any) have been designated to commercial farming activities. Scrolling through past years of the tax roll will help establish how many years of continuous operation the land has held that designation. That office is likely also the place you Start if you want to begin to claim those special assessments in the future, just as you might claim a homestead exemption.

My 30+ acres (not in NY), for instance, are almost entirely set aside for "tree farming", and I believe I have about 1.5 acres designated for my residence and ancilliary structures.

Wow! But how do you know the laws when you don't even live in NY?

 

[U_Stormcrow]

Wow! But how do you know the laws when you don't even live in NY?

Remember how I said I'm not a lawyer, and not admitted to practice law anywhere??? I worked in a corporate legal department (in a different area of the law than farming) for a major (product) manufacturer. Frequently I was called upon to do research for others and to summarize my findings. Occasionally, I was asked to present opinions about whether we should support, oppose, or seek modification to existing laws affecting our operations in that tiny corner of the law.

In that capacity, and limited broadly to that subject, I've provided my opinions on [X] area of the law in all 50 states (some multiple times), a US territory (Puerto Rico), and two foreign countries (Brazil, China {twice}). Including assistance drafting legislation.

So I spent 15 minutes on the internet before I started typing. Doing what I used to do at work. It helps that I've done the same re: Right to Farm laws in a lot of other States already, so I had some idea of where to look, and what to look for.

 

[HappyClucker7]

ALL of New York falls under the State "Right to Farm" law. Its a State law which deliberately displaced local rule in a very narrow area of jurisprudence.

That said, while the law is in effect State-wide, it is applicable only to a very narrow set of facts. NY Agric. & Mkts § 300 et seq

As a general matter, the various State "Right to Farm" laws are completely irrelevant for the typical backyard owner. The Statutes were written to prevent commercial farming operations from being shut down by private nuisance suits. NY, for instance, limits application of its laws through acreage requirements, time requirements, AND gross sales requirements (see section 301). The quick gloss? At least seven acre parcel, dedicated to bona fide agricultural uses for at least the prior two years, with gross sales of (some excptions) a minimum of either $10,000 annually or $50,000 annually.

Section 302 provides the option of County Agricultural Boards to advise on zoning. Section 303 provides a means by which a farmer or farmers can propose creation of an Agricultural district within a district. That zone must be the greater of either 500 acres or 10% of the total district land. Section 304 provides for Agricultural Assessment value. S305 involves local taxation and local zoning of land within an established Agricultural district. S306 involves taxation and assessments outside of an established Agricultural District. S307 is administrative, vesting rulemaking authority in a commisioner.

Section 308 (which you should read) bars private suits sounded in nuisance against bona fide farming activities consistent with sound agricultural practices on lands meeting the limiting definitons above. It does not bar public suits in nuisance, or lots of other legal claims against the land and its management - it just prevents a new neighbor from moving in, then claiming that the chicken farm next door makes too much noise.

The stutute continues after that with more stuff you are likely not interested in.

***None of the above should be considered legal advice, there's no Attorney Client relationship here, I am not admitted to the BAR in any of the 50 States, am not a lawyer, blah blah blah. I'm just a reasonably well read individual with unusual choices in preferred subject matter, who has had some experience in the legal industry.

p.s. you may, in addition, benefit from Local RIght to Farm laws. SOme Counties and Towns have implimented ordinances of their own, providing greater protections than found in State law - generally by applying the immunity from private nuisance to smaller, less commercially productive parcels of land.

and @HappyClucker7 start with your property ID in your county and the local tax assessor. If your parcel is in a desginated Agricultural District, there should be special taxing assessments and codes well documented on the tax rolls. Additionally, you will be able to confirm (according to county records) how much property (acres) you officially own, and how many (if any) have been designated to commercial farming activities. Scrolling through past years of the tax roll will help establish how many years of continuous operation the land has held that designation. That office is likely also the place you Start if you want to begin to claim those special assessments in the future, just as you might claim a homestead exemption.

My 30+ acres (not in NY), for instance, are almost entirely set aside for "tree farming", and I believe I have about 1.5 acres designated for my residence and ancilliary structures.

This is really helpful. Thank you so much!

 

[U_Stormcrow]

This is really helpful. Thank you so much!

Of course. Happy to have something to contribute. Good luck!

 

[Fuchsia]

@Fuchsia Do you know?

No