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.