N.Y. Comp. Codes R. & Regs. tit. 1 § 371.7

Current through Register Vol. 46, No. 53, December 31, 2024

Section 371.7 - Form and content of final notice of intent

The final notice of intent required by section 305 (4)(c) of the Agriculture and Markets Law shall be in the following form and contain the following information:

(a) A statement at the top of the first page with the following language:

FINAL NOTICE OF INTENT TO UNDERTAKE AN ACTION WITHIN AN AGRICULTURAL DISTRICT

(b) The name and address of the State agency, public benefit corporation or local government proposing to undertake the action.

(c) The identity, by county and number, of the agricultural district or districts affected by the proposed action.

(d) The total number of acres in the agricultural district which will be affected by the proposed action.

(e) The location of the proposed action, including the county, town, city, village or other municipality involved.

(f) The name, address, telephone numbers and tax map numbers for the owners of all farms which will be affected by the proposed action.

(g) A detailed agricultural impact statement setting forth the following:

(1)

(i) A detailed description of the proposed action.

(ii) A detailed description of the agricultural setting including:

(a) a tax map, or other map which sets forth the tax map numbers of all affected landowners as identified in section 371.7(f) of this Part, identifying: the final proposed siting of the project, which is the subject of the action; and the surrounding land use, including agricultural land use by type of production;

(b) the total number of farms within the agricultural district which will be affected by the proposed action; and

(c) the total number of acres of land in farms within the agricultural district which will be affected by the proposed action.

(2) An assessment of the anticipated agricultural impact of the proposed action including short-term and long-term effects. Short-term effects include, but are not limited to, construction effects, such as temporary loss of land used in agricultural production, disruption of ongoing farm practices and the economic impact of these effects. Long-term effects include, but are not limited to, permanent loss or severance of land used in agricultural production, changes to infrastructure, the extent to which the proposed action will cause or encourage nonfarm development and the economic impact of these effects. The assessment shall include a brief narrative of concerns, if any, expressed by the farm landowners directly affected by the proposed action.

(3) Any adverse agricultural effects, including short-term and long-term effects, which cannot be avoided should the proposed action be implemented.

(4) The reason(s) why the preferred alternative, route, and/or site was selected.

(5) Any irreversible and irretrievable commitments of agricultural resources which would result from the proposed action if it is implemented.

(6) Any mitigation measures proposed to minimize the adverse impact of the proposed action on the continuing viability of a farm enterprise or enterprises within the district (e.g., use of construction techniques which would avoid soil compaction, loss of topsoil, disturbance of the soil profile, and damage to farm drainage systems and conservation structures; restoration of land used in agricultural production which is affected by construction activities to its pre-construction condition to the maximum extent practicable; siting a facility in such a manner as to avoid or minimize adverse effects on farm operations; or the imposition of permit conditions or other binding restrictions that would avoid or minimize the potential for nonfarm growth inducement within the agricultural district, such as the imposition of service lateral restrictions for water or sewer lines).

(7) Any aspects of the proposed action which would encourage nonfarm development. Include, where applicable and appropriate, a description of any roadways, water or sewer lines, gas lines, or commercial or industrial facilities which are proposed. If the proposed action may encourage nonfarm development, also provide the following information:

(i) Local zoning restrictions which apply to the area.

(ii) The total number of applications for subdivisions of five or more lots submitted to the local government(s) in the locality where the action is proposed in the two years preceding the filing of the final notice of intent. Include the total number of lots involved and, for applications for subdivisions of 10 or more lots, provide a brief description of the project, including location and proximity to the proposed action.

(8) The anticipated date of commencement of the proposed action.

(9) The name, title, address and telephone number of the individual authorized to respond to department inquiries concerning the final notice.

(10) The signature of the authorized individual, verifying that the information contained in the final notice is truthful and accurate to the best of his or her knowledge, and date signed.

(h) If the action involves the advance of funds of any kind within an agricultural district for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, provide, in addition to the information required by subdivisions (a) through (g) of this section, the following additional information:

(1) the source of the funds;

(2) the name, address and telephone number of the recipient(s) of the funds.

The party proposing the action shall file an original and four complete copies of the final notice of intent, including all maps, appendices and other information, with the commissioner. If the commissioner notifies the party proposing the action that the final notice of intent is incomplete pursuant to section 305 (4)(c) of the Agriculture and Markets Law, and the party files additional information or a revised final notice of intent with the commissioner, the party shall also file an original and four complete copies of the information or revised final notice of intent with the commissioner. The party proposing the action shall also file a complete copy of the final notice of intent, including all maps, appendices and other information, with the county agricultural and farmland protection board. If additional information or a revised final notice of intent is filed with the commissioner, the party shall also file a complete copy of the information or revised final notice of intent with the board.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 371.7