Agriculture_Markets
Andrew M. Cuomo, Governor | Richard A. Ball, Commissioner
 
 
 Agricultural Districts
Bob Somers 518-457-3738

Guidelines and Information Regarding Section 305-a Review of Restrictive Laws

Section 305-a of the Agricultural Districts Law protects farmers against local laws which unreasonably restrict farm operations located within an agricultural district. Division staff, together with Department legal staff, review both existing and proposed laws to determine if they are compatible with farm operations. In cases where a local law is determined to be unreasonable, Division staff work with the local government concerned to develop mutually acceptable modifications. If a local government is unwilling to modify a restrictive law, the Department is authorized to take action to compel compliance with the Agricultural Districts Law. The New York State Court of Appeals has consistently ruled that these orders are entitled to administrative deference in the interpretation and administration of this important right to farm protection. Resources to assist local governments in the development of agriculturally friendly laws and removing unreasonable restriction may be available here to municipalities upon application.

Previous Orders issued under 305-a

Applications and Requests for Section 305-a Review of Local Laws

Requests for review must be provided to the Department in writing and include a completed Section 305-a Review Form. Questions concerning the review of restrictive local laws can be directed to Bob Somers at 518-457-3738 or at bob.somers@agriculture.ny.gov. Forms that must be submitted as part of the request are below:

Guidance on Procedure and Definitions under the Agriculture and Markets Law

Local Law Review Guidelines by Subject Matter

  1. Guideline for Review of Local Laws Affecting Farm Worker Housing
  2. Guideline for Review of Local Laws Affecting Nutrient Management Practices (i.e. Land Application of Animal Waste, Recognizable and Non-recognizable Food Waste, Sewage Sludge and Septage, Animal Waste Storage/Management)
  3. Guideline for Review of Local Laws Affecting the Control of Farm Animals
  4. Guideline for Review of Local Laws Affecting Farm Operationsí Use of Wetlands
  5. Guideline for Review of Local Laws Affecting Direct Farm Marketing Activities
  6. Guideline for Review of Local Laws Affecting On-Farm Composting Facilities
  7. Guideline for Review of Local Laws Affecting Temporary Greenhouses
  8. Guideline for Review of Local Zoning and Planning Laws
  9. Guideline for Review of Local Laws Affecting Commercial Horse Boarding Operations and Commercial Equine Operations
  10. Guideline for Review of Local Laws Affecting Junk and Junkyards
  11. Guideline for Review of Local Laws Affecting Small Wind Energy Production Facilities and Solar Devices
  12. Guideline for Review of Local Laws Affecting Nursery Operation
  13. Guideline for Review of Local Laws Affecting On-Farm Open Burning
  14. Guideline for Review of Local Laws Affecting Farm Distilleries, Breweries and Wineries