Agricultural District Legislation in New York: As Amended Through August 1984
Gardner, Kenneth V.
Once again in 1984 the New York State Legislature, with the concurrence of Governor Cuomo, enacted additional changes in the Agricultural District Law. (Article 25-AA of the Agriculture and Markets Law). These changes are generally described as "technical" in nature and apply both to the process of creation and review of districts. Under the provisions of Chapter 326 of the Laws of 1984 (signed by Governor Cuomo on July 3, 1984) the landowners proposing the creation of an agricultural district "may recommend an appropriate review period of either eight 3 twelve or twenty years." This wording replaces “….and shall indicate whether the original term of such district shall be eight, twelve or twenty years." This substitution of "may" for "shall" provides for permissive rather than obligatory recommendations of the time frame of the district. The additional substitution of the word "period" for "term" is also a technical legal concept relative to the time frame of districts. Another provision, clarifies the times that districts are to be reviewed. All districts created before August 1, 1983 will be reviewed every eight years. Districts created after August 1, 1983 will be reviewed consistant with the "time period" established when the district was created This feature applies to both districts created by counties under Section 303 as well as potential districts created by the State under Section 304 of the law. Another technical change in Section 306 provides that commitments may be made for eight years. A previous amendment provided an option of eight, twelve or twenty years. Finally, the Commissioner of Agriculture and Markets is further empowered to promulgate rules and regulations relative to the consolidation of agricultural districts, both new and existing and the modifications thereof at the time of review. This change is found in Section 307 of the law.
A.E. Ext. 84-28
Charles H. Dyson School of Applied Economics and Management, Cornell University