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.
Applications and Requests for Section 305-a Review of Local LawsRequests 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 firstname.lastname@example.org. 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