N.Y. Comp. Codes R. & Regs. tit. 1 § 390.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 390.3 - County agricultural and farmland protection plans

(a) Plans. County agricultural and farmland protection boards may develop agricultural and farmland protection plans, in cooperation and consultation with the county's soil and water conservation district and the U.S.D.A., Natural Resources Conservation Service. The boards may cooperate and consult with other interested parties, such as municipalities, cooperative extension services, planning organizations, private land trusts, farm organizations, and civic and citizen organizations, in developing plans. The plans shall include at least the following elements:

(1) a statement of the county's goal(s) with respect to agricultural and farmland protection (e.g., to stabilize or enhance the agricultural economy of the county; preserve open space; abate land conversion pressure; maintain community goals with respect to development and growth; and protect natural resources such as air quality, watersheds, aquifers or wildlife habitats);

(2) an identification of the general location of any lands or areas that are proposed to be protected (e.g., the whole county, all agricultural district lands within the county, farms or farmlands in particular sections of the county). Specific tracts of land or farms need not be identified. Maps are not mandatory but may be used at the discretion of the board to illustrate strategies or to explain the plan more completely;

(3) an analysis of the lands or areas to be protected, such as their value to the agricultural economy of the county, their open space value, the level of conversion pressure being experienced, and the consequences of possible conversion;

(4) a description of the strategies intended to be used by the county to promote the maintenance of lands in active agricultural use and to implement the plan, including how the program will be financed; and

(5) a description or identification of other county and municipal planning and land use programs, if any, such as economic development, zoning and comprehensive land use planning, which may be shown to complement and be consistent with, the county agricultural protection plan, as well as identification of any county and municipal plans, policies or objectives which are inconsistent with or conflict with the plan.

(b) Planning and approval process. In developing an agricultural and farmland protection plan, the board and the county legislative body shall follow the planning and approval process in sequence as follows:

(1) the county agricultural and farmland protection board shall conduct at least one public hearing to solicit citizen views and recommendations;

(2) the board shall undertake specific efforts to involve members of the farm community in the planning process, and to assure that the final plan is made available to the farm community for comment before it is approved;

(3) the county agricultural and farmland protection board shall consult with the department throughout the planning process;

(4) the county agricultural and farmland protection board shall submit the proposed plan to the county legislative body for approval;

(5) if the county legislative body approves the plan, its approval should be documented by a resolution;

(6) plans of work must be completed within 18 months to be eligible for State matching grants under this program, unless said period is extended by written agreement between the county and the department; however, the county legislative body need not approve the final plan within 18 months; and

(7) the county legislative body shall submit the plan to the commissioner for approval. The commissioner shall act upon the plan within 45 days of receipt of the document, and notify the county legislative body of the plan's approval or disapproval. A copy of the commissioner's decision shall be sent to the chair of the county agricultural and farmland protection board.

(c) Plan review process. The following criteria shall be used by the commissioner to determine the acceptability of a county agricultural and farmland protection plan:

(1) the consistency of the plan with State agricultural and farmland protection plans, policies and objectives; State environmental plans, policies, and objectives; and State comprehensive plans, policies, and objectives;

(2) the consistency of the plan with county and municipal plans, policies, and objectives which the plan could affect;

(3) the practicality of the plan (i.e., the extent to which it can reasonably be expected to meet the identified county goal(s) for agricultural and farmland protection);

(4) the extent to which the plan satisfies the analytical factors addressed under section 324 of the Agriculture and Markets Law;

(5) the adequacy of substantiating data, information, and facts;

(6) the cost implications of the protection measures identified in the plan (i.e., what can be accomplished recognizing limited State/local funding mechanisms in view of the public benefit to be derived from protection of agriculture and agricultural lands); and

(7) whether the county legislative body has approved the plan.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 390.3