New York S 2038: Relating to local laws restricting farming operations within an agricultural district

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S02038 Summary:

BILL NOS02038 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORORTT

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§303 & 305-a, Ag & Mkts L

&nbsp

Provides that the use or storage of manure may not be deemed a public nuisance under local laws restricting farming operations within an agricultural district.

Go to top S02038 Actions:

BILL NOS02038 

&nbsp

01/15/2025REFERRED TO AGRICULTURE

01/07/2026REFERRED TO AGRICULTURE

Go to topS02038 Committee&nbspVotes:

Go to topS02038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2038

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. ORTT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture

 AN ACT to amend the agriculture and markets law, in relation to local
 laws restricting farming operations within an agricultural district

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 303 of the agriculture and markets
 2 law, as amended by chapter 35 of the laws of 2016, is amended to read as
 3 follows:
 4 1. Any owner or owners of land may submit a proposal to the county
 5 legislative body for the creation of an agricultural district within
 6 such county[, provided that such owner or owners own at least two
 7 hundred fifty acres of the land proposed to be included in the
 8 district]. Such proposal shall be submitted in such manner and form as
 9 may be prescribed by the commissioner, shall include a description of
 10 the proposed district, including a map delineating the exterior bounda-
 11 ries of the district which shall conform to tax parcel boundaries, and
 12 the tax map identification numbers for every parcel in the proposed
 13 district. The proposal shall include a review period of eight years.
 14 § 2. Paragraph a of subdivision 1 of section 305-a of the agriculture
 15 and markets law, as amended by chapter 357 of the laws of 1997, is
 16 amended to read as follows:
 17 a. Local governments, when exercising their powers to enact and admin-
 18 ister comprehensive plans and local laws, ordinances, rules or regu-
 19 lations, shall exercise these powers in such manner as may realize the
 20 policy and goals set forth in this article, and shall not unreasonably
 21 restrict or regulate farm operations within agricultural districts in
 22 contravention of the purposes of this article unless it can be shown
 23 that the public health or safety is threatened. For purposes of this
 24 section, the collection, use or storage of manure shall not be
 25 restricted or regulated by local law, ordinance or resolution in an
 26 agricultural district on the basis that such activities pose a threat to
 27 public health or safety as either a nuisance or a pollutant.
 28 § 3. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01638-01-5

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps