This document includes the laws regarding farm worker housing.
This publication summarizes the various land use management tools which New York State municipalities can use to help deal with issues of community character and change. It is a primer that briefly describes both the importance of planning to identify how a municipality wishes to develop, as well as the regulatory techniques available to help it realize its goals.
Legislation passed by the legislature and signed into law by Governor Pataki during 1998, 1999, 2003, 2005, and 2006 provides new enhancements to the Farmers’ School Tax Credit. In addition, information is added concerning several issues addressed in the original publication. The law changes and the additional information about the credit are explained below. Except as explained in this update, all other issues addressed in Publication 51 remain valid.
A tax credit for the preservation of historic barns.
For newly constructed or reconstructed agricultural structures, New York's Real Property Tax Law allows a 10-year property tax exemption. This brochure answers some most frequently asked questions about the eligibility and how the law works.
One of the first questions often asked by farmers and rural landowners in communities considering new zoning ordinances that could limit landowners’ ability to develop their land is “how will this affect my equity?” This is an important question as the land owned by farmers may constitute a significant portion of their personal or farm business assets. It is not uncommon for the sale of a farm to pay for their retirement. Farmland is also often used as collateral for financing farm businesses.
This brochure provides tips to keep town residents and their farm neighbors safe; help them enjoy their farm neighbor; and avoid making their farm neighbor's life more difficult or dangerous.
This brochure provides information about the importance of agriculture to Saratoga County.
Agricultural mediation is a tool for farmers and others in the agricultural community to talk about difficult subjects and to reach fair and workable solutions without involving outside authorities. Mediation can help people solve problems, avoid escalating conflict, reduce stress, and save time and money.
This brochure has been prepared by the New York State Department of Agriculture and Markets to assist municipalities in drafting and administering local laws and ordinances which may affect farming in an agricultural district. It should not be substituted for legal advice from a municipality’s attorney. The brochure also offers guidance to farmers and municipalities on the application of Section 305-a.
A checklist for supporting agriculture at the town level in New York.
The Municipal Reference for Agricultural Land Use Planning is a tool for local leaders when confronted with agricultural issues. The document addresses agricultural practices which include:
• Scope of agriculture and agricultural activities
• New York State Agriculture and Markets Law (AML) Article 25AA – Agricultural
• Land use planning including zoning, purchase or transfer of development rights
• Environmental regulations
• Herbicide and pesticide applications
This local open space planning guide is intended to help interested local governments develop and implement local open space conservation programs. It will assist local officials, private organizations and individual citizens in preparing and implementing their own open space plans or open space components of their local comprehensive plans. The methods and suggestions in the handbook can be applied in rural communities, suburban towns or densely developed cities.
With ever-growing public interest in everything from food safety and water quality to carbon footprint and climate change, consumers want to know where their food comes from and how it is produced. Nearly 8 million acres of New York land is in the care of farm families who produce the fresh food, green energy and other products that we need every day. For nearly 15 years, AEM has supported New York’s farmers in their efforts to farm cleaner and greener, while remaining economically viable into the future.
This publication, part of the Department of State’s “James A. Coon Local Government Technical Series,” is designed to help municipal officials and attorneys make more efficient use of planning and zoning laws.The guide provides the text of each pertinent section of law with notations in the margin to assist in referencing. Notes at the end of certain sections reference other related statutes and list Department publications, if any.
This memo addresses questions farmers have about the tax exemption for farm worker housing.
This document serves as a model for Transfer of Development Rights legislation for towns in New York.
Located in the “heart” of the Hudson River Valley, the towns of Red Hook and Northeast, in Dutchess County, New York, are home to a diverse mix of fruit and vegetable farms and dairies, respectively. The proximity of the towns to the New York metropolitan area and the steady increase in population potentially puts the area’s agriculture at risk.
The following guidelines apply to construction areas for wind power construction projects impacting agricultural land.
The following agricultural mitigation standards are designed to apply to transmission pipelines that affect agricultural land. These standards and practices apply to the early planning stage of the project through construction, restoration, and post-construction monitoring and rehabilitation.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting junk, litter and junkyards.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting commercial horse boarding operations.
The New York Department of Agriculture and Markets produced these guidelines for review of local zoning and planning laws.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting temporary greenhouses.
The New York State Department of Agriculture and Markets produced these guidelines for review of local laws affecting on-farm composting facilities.
The New York State Department of Agriculture and Markets produced these guidelines for review of local laws affecting direct farm marketing activities.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting farm operations' use of wetlands.
This document was produced by the New York State Department of Agriculture and Markets and offers guidelines for review of local laws affecting the control of farm animals.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting on-farm open burning.
The New York Department of Agriculture and Markets produced these guidelines for review of local laws affecting nutrient management practices.
The New York State Department of Agriculture and Markets produced this guidance document for review of local laws affecting farm worker housing.
Dutchess County is experiencing tremendous development pressures. Since the 1950s, the county's population has grown dramatically. Between 1950 and 1980, population increased 80% from 136,781 to 245,055. Current estimates predict a population of 326,000 by the year 2010. While many local communities are faced with proposals for new housing units and commercial buildings, they are also witnessing a significant decline in their agricultural sectors.
The primary purpose of this handbook is to help New York's recently mandated agricultural and farmland protection boards accomplish the challenging task set out for them in the Agricultural Protection Act of 1992. The handbook is also meant to provide needed information to state and local officials, land use professionals, farmers and farmland protection advocates who want to ensure a future for the state's valuable agricultural land.
This handbook, a revised and expanded version of Agricultural and Farmland Protection for New York, published in 1993, presents a variety of programs and techniques that can be used by farmers and farmland protection advocates, state and local officials, and land use professionals to protect New York's valuable agricultural land.
The town of Ithaca formally created an Agriculture Committee in 1992 to provide a mechanism for farmers to inform the town of their concerns. The committee also acts as a resource to various town boards and provides information on state and national legislation that affects agriculture.
In 1994, the Town of Eden created an Agricultural Advisory Committee in recognition of the importance of farming to the community. The committee helps ensure the continued viability of agriculture within the town and provides a conduit for feedback from the farm community to the town board and other town bodies. The committee advises the town on agricultural districts within its jurisdiction, proposed zoning changes or development in agricultural districts and county, state and federal legislation and its potential impact on the town.
This describes the exemptions for temporary greenhouses.
This includes the application for exemptions of agricultural structures with certain limited uses.
Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands.
This document authorizes towns in New York to approve a cluster development simultaneously with the approval of a plat or plats.
This document authorizes towns in New York to provide a system of zoning incentives or bonuses.
Yates County developed a model Right to Farm law for towns. Typically, local right-to-farm laws document the importance of farming to a town and notify non-farm rural residents that generally accepted agricultural practices are to be expected in farming areas. Additionally, local right-to-farm lawscan establish dispute resolution processes to mediate conflicts and avoid expensive legal battles.
The Town of Southampton developed an Agricultural Overlay District and Agricultural Planned Development District to encourage the business of farming and protect productive farmland for agricultural purposes. Parcels of at least 10 acres located in the overlay district are eligible for the program. Parcels are enrolled in a 10-year agricultural easement that permits no development unrelated to agricultural production on the property.
In 1996, the town of Clifton Park adopted a Conservation Easement Law. Owners of historic buildings or landowners with a minimum of 15 acres per lot (or 7.5 acres each for any two adjoining lots) can apply to the town's program. In exchange for 15- to 25- year commitments to not develop the land, the town reduces the property tax assessments of participating landowners by 80 to 90 percent.
The town of Periton adopted a Conservation Easement Law in 1976. The law does not set a minimum acreage for enrollment but stipulates that a parcel must be developable so that there is a real benefit to the town. In exchange for commitments of five to 25 years, the town reduces property tax assessments on enrolled properties by 25 to 90 percent.