Agricultural District Legislation in New York: As Amended Through August 1982
Again in 1982 the New York State Legislature, with the concurrence of Governor Carey, made additional changes in the Agricultural District Law. The first amendment (Chapter 520 of the Laws of 1982) establishes a term of office for persons appointed to the county agricultural districting advisory committee, The committee, composed of 4 farmers and 4 agribusinessmen and 1 county legislator, will have one farmer and one agribusinessman appointed for an initial term of one year. Similarly one active farmer and one agribusinessman will be appointed for initial terms of two, three and four years. Persons currently serving as members of county agricultural districting advisory committees will continue to serve until June 30, 1983. At that time the chairman of the county legislative body shall implement the provisions of this amendment. The county legislator, who also serves as chairman of the ADAC, will serve a term coterminous with his term of office. Both farmer and agribusiness representatives will be able to hold successive terms as members on the ADAC. Another provision of Chapter 520 provides that ADAC may request that the Commissioner of Agriculture and Markets review rules and regulations promulgated by any state agencies that affect agricultural activities in existing or proposed districts. The Commissioner shall1) identify any changes that might be necessary 2) provide the ADAC with copies of correspondence to other agencies pertaining to recommended changes or modifications to their rules and regulations that affect agricultural districts, or3) give his reasons why existing rules and regulations be continued in their present form. Another amendment is aimed at making the state's policy on farmland preservation and natural resources management compatible. Chapter 564 provides that where farmland in an agricultural district or covered by an 8-year commitment and subsequently converted to non-farm use as the result of oil or gas exploration, development or extraction activity or by a taking by eminent domain or other involuntary proceeding, ·except a tax sale, land so converted from agricultural production shall not be subjected to either a roll-back tax in an agricultural district or a penalty under an eight-year commitment. Provision is also made for the assessor to make appropriate adjustment in the assessment rolls.
A.E. Ext. 82-27
Charles H. Dyson School of Applied Economics and Management, Cornell University