New York State Agricultural Districts Information

History

The Agricultural Districts Law (ADL) was created in 1971 to encourage the continued use of farmland for agricultural production. The Program is based on a combination of landowner incentives and protections, all of which are designed to forestall the conversion of farmland to non-agricultural uses.

What is an Ag District?

An Agricultural District in New York is defined as a geographic area, composed of individual parcels of predominantly of viable agricultural land. The purpose of agricultural districts is to offer landowner’s benefits and protections to promote the continuation of farming and preservation of agricultural land.

Benefits

Benefits include protections against overly restrictive local laws, government funded acquisition or construction projects, and private nuisance suits involving agricultural practices.

Does Being in an Ag District Guarantee a Farmer’s “Right to Farm”?

The ADL protects farm operations within an agricultural district from the enactment and administration of unreasonably restrictive local regulations unless it can be shown that public health or safety is threatened. The Department evaluates the of a specific requirement or process imposed on a farm operation on a case-by-case basis.

Does Being in an Ag District Prohibit Selling Land?

The ADL does not restrict the transfer of real property. The ADL does provide for a real estate transfer disclosure by the seller. The disclosure notifies a buyer that the property is located within an agricultural district and farming activities including noise, dust and odors may be present. Prospective residents are also informed that the location within an ag district may impact the ability to access water and/or sewer services.

Important Note

Agricultural districts are not zoning districts and are separate from the NYS Agricultural Assessments Program. To learn more about the Agricultural Assessments Program, please contact your local assessor or Soil and Water Conservation District.

Annual 30-Day Ag District Inclusion Period

In Cattaraugus County, January 1^st – January 31^st is designated as the annual thirty-day period during which qualified landowners may submit a request to be considered for inclusion into the Ag District.

Ag District 8-Year Review

The Cattaraugus County Legislature is required to review an Agricultural District eight years after its creation, and every eight years thereafter. This period allows any municipality, landowner, or State Agency whose territory is within the Agricultural District to propose modification to the Agricultural District. This is the only time when landowners can remove their parcel(s) from the Ag District.