Bill Text: NY A07845 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that agricultural lands acquired pursuant to section 247 of the general municipal law are eligible to receive permits for uses, buildings, and structures provided that such municipality determines that the granting of any such permits are accessory to bona fide agricultural production.

Spectrum: Moderate Partisan Bill (Democrat 58-13)

Status: (Introduced - Dead) 2020-02-27 - print number 7845b [A07845 Detail]

Download: New_York-2019-A07845-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6231                                                  A. 7845

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                      May 24, 2019
                                       ___________

        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment

        IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO, GOTTFRIED, JONES,
          WILLIAMS, COOK, CARROLL, RAIA, LAVINE, TAGUE, BLAKE, GLICK, SEAWRIGHT,
          BARRON,  D'URSO,  CROUCH,  STIRPE,  CAHILL,  ABINANTI,  WOERNER, FAHY,
          STECK, ARROYO, WEPRIN, BRABENEC, MONTESANO, McDONOUGH, PALUMBO, SOLAG-
          ES, L. ROSENTHAL, COLTON, SANTABARBARA, HUNTER, PAULIN, QUART,  STERN,
          BARNWELL,  PERRY, ROZIC, MAGNARELLI, OTIS, SIMOTAS, HEVESI, ZEBROWSKI,
          BARRETT,  WALLACE,  EPSTEIN,  NIOU,  JAFFEE,   DINOWITZ,   RICHARDSON,
          DE LA ROSA,   RYAN,  ORTIZ,  RODRIGUEZ,  TAYLOR,  DeSTEFANO,  GRIFFIN,
          MOSLEY, SCHMITT -- Multi-Sponsored by -- M.  of A. BRONSON,  BUCHWALD,
          BYRNE,  CYMBROWITZ, GALEF, LENTOL, M. L. MILLER, SAYEGH, SIMON -- read
          once and referred to the Committee on Local Governments

        AN ACT in relation to certain agricultural lands

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

     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  finds that article XIV, section 4 of  the  state  constitution  provides
     3  that  it  shall  be  the policy of the state to conserve and protect its
     4  natural resources and scenic beauty and encourage the development of its
     5  agricultural lands for the production of  food  and  other  agricultural
     6  products.
     7    Section  247 of the general municipal law authorizes any county, city,
     8  town or village to acquire interests or rights in real property for  the
     9  preservation of open spaces and areas as a public purpose. Open space or
    10  open  area is defined as any space or area characterized by: (1) natural
    11  scenic beauty; or (2) whose existing  openness,  natural  condition,  or
    12  present  state  of use, if retained, would enhance the present or poten-
    13  tial value of abutting or surrounding urban development, or would  main-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11156-01-9
        S. 6231                             2                            A. 7845

     1  tain  or  enhance  the  conservation  of  natural  or  scenic resources.
     2  Natural resources include but are  not  limited  to  agricultural  lands
     3  defined   as   open  lands  actually  used  in  bona  fide  agricultural
     4  production.
     5    The provisions of section 247 of the general municipal law relating to
     6  open  space  or area and the actual use of such lands in bona fide agri-
     7  cultural production have recently been the subject of a legal controver-
     8  sy with regard to the validity of local regulations that permit agricul-
     9  tural uses, buildings, or structures  on  agricultural  lands  protected
    10  pursuant to that section.
    11    In the case of Long Island Pine Barrens Society, Inc. v. Suffolk Coun-
    12  ty  Legislature,  159  A.D.3d 805 (2d Dep't 2018), lv. denied, 32 N.Y.3d
    13  910 (2018), the plaintiffs alleged that where  public  funds  have  been
    14  used  to  acquire  interests or rights in agricultural lands, such lands
    15  must remain open and undeveloped. It was further alleged that once  such
    16  interests  or  rights are acquired on such lands by a municipality, they
    17  must remain unchanged and no further development may occur. Finally,  it
    18  was  claimed  that certain uses, as well as the erection of agricultural
    19  structures, such as barns, fencing, and irrigation  systems  constituted
    20  an illegal alienation of the government's interest in agricultural lands
    21  or  a  waste  of  public  property.  The appellate division of the state
    22  supreme court rejected these claims and declared the  local  regulations
    23  to be valid. Leave to appeal was denied by the state court of appeals.
    24    The  legislature  reaffirms that interests or rights acquired in agri-
    25  cultural lands pursuant to section 247 of the general municipal  law  do
    26  not  prohibit  or preclude the right to use agricultural lands for uses,
    27  buildings and structures that are accessory to  bona  fide  agricultural
    28  production  unless  such  uses,  buildings  or  structures are expressly
    29  prohibited or limited in the documents effecting the transfer of  inter-
    30  ests  or rights to a municipality pursuant to this section. The legisla-
    31  ture further affirms that municipalities possess the legal authority  to
    32  permit and regulate such uses, buildings, and structures on agricultural
    33  lands protected pursuant to this section. Such uses, buildings or struc-
    34  tures  permitted  pursuant to local regulation do not constitute a waste
    35  of public property, nor do they constitute an alienation of  any  inter-
    36  ests  or rights in real property. Such uses, buildings or structures are
    37  consistent with the preservation of open space  and  areas  pursuant  to
    38  section 247 of the general municipal law.
    39    This  legislation further reaffirms the state's interest in the devel-
    40  opment of its agricultural lands for the production of food and agricul-
    41  tural products as set forth in the state constitution. It is the further
    42  intent of the legislature to  reaffirm  its  commitment  to  protecting,
    43  conserving  and  encouraging  the  development  and  improvement  of the
    44  state's agricultural lands. Agricultural lands in New York state are  in
    45  jeopardy of being lost for agricultural purposes due to deleterious side
    46  effects resulting from the extension of nonagricultural development into
    47  farm areas.
    48    The  socio-economic vitality of agriculture in this state is essential
    49  to the economic stability and growth of many local communities  and  the
    50  state  as  a  whole. Without the ability to engage in bona fide agricul-
    51  tural production, which includes the right to engage  in  uses  and  the
    52  right  to  erect  buildings  and  structures  accessory  to agricultural
    53  production, more agricultural lands will be lost and farming as a  vital
    54  component of the state's economy will be further threatened.
    55    §  2.  Agricultural  lands,  acquired  pursuant  to section 247 of the
    56  general municipal law, are eligible to receive permits for uses,  build-
        S. 6231                             3                            A. 7845

     1  ings,  and  structures  provided  that  the  municipality determines the
     2  granting of any such permits are accessory  to  bona  fide  agricultural
     3  production.
     4    § 3. This act shall take effect immediately.