An agricultural district in New York is defined as a geographic area which consists predominantly of viable agricultural land. The purpose of agricultural districts is to offer landowner’s benefits and protections to promote the continuation of farming and the preservation of agricultural land. The benefits that are offered by agricultural districts help to keep and maintain farming as a viable economic activity in the state of New York. As a result, land in active agricultural use is maintained. The Agricultural Districts Law encourages all state agencies to maintain the viability of farming within agricultural districts. The Agricultural Districts Law was created to help protect one the New York State’s most important environmental and economic natural resources, which is farmland. 

History

The Agricultural Districts Law was created in 1971 to encourage the continued use of farmland for agricultural production.  The Program is based on a combination of landowner incentives and protections, all of which are designed to forestall the conversion of farmland to non-agricultural uses.  Benefits include protections against overly restrictive local laws, government funded acquisition or construction projects, and private nuisance suits involving agricultural practices.

Benefits

• Limits to Local Regulation - Local governments cannot enact any rules or regulations in agricultural districts that are overly burdensome to agriculture, making it difficult or impossible to continue with agricultural production
• Limits to Publicly Funded Construction and Eminent Domain Projects - If a governmental agency would like to perform certain construction activities or would like to acquire agricultural lands in an agricultural district, they must first go through a formal review process to determine the impacts of agriculture. A process is in place if unreasonable adverse impacts to agriculture would occur.
• Limits to Benefits Assessments - Local governments cannot charge benefit assessments, special ad valorem levies or other rates or fees to lands used primarily for agricultural production within an agricultural district.
• Discouragement of Private Nuisance Lawsuits - Property owners are notified at the time of sale that their property is within an agricultural district. Additionally, the State will determine what is considered a "sound agricultural practice." Sound agricultural practices cannot be considered a nuisance on lands within an agricultural district or on lands receiving an agricultural assessment.
• Consider Agricultural Impacts by All State Agencies - The Agricultural District Law ensures all State agencies seek to protect viable farmland.

Agricultural districts are not zoning districts and are separate from the agricultural assessment program.

Read more information on the benefits and protections that New York State Agricultural Districts provide on the NY's Agriculture & Markets website.

Process for the Annual Inclusion of Agricultural District Lands

Per NYS AGML Section 303-B (Agricultural District Annual Inclusion), each county legislative body designates an annual thirty-day period during which qualified landowners may submit a request to be considered for inclusion to an existing agricultural district. For Cattaraugus County Agricultural District #5 (Encompasses all municipalities within Cattaraugus County), the annual thirty-day period is held January 1st through January 31st each year. The requests from landowners to join an agricultural district are referred to the county Agricultural and Farmland Protection Board (AFPB) for review. The AFPB's recommendations are sent to the EDPT Legislative Committee for review, and then forwarded to the Cattaraugus County Legislature for a public hearing. After referring the requests, the county legislative body determines whether the proposed inclusion of agricultural land should be accepted into an Agricultural District, or rejected. The county legislative body has no longer than one hundred twenty days from the close of the annual thirty-day period to accept or reject the requests for inclusion into an existing agricultural district. All materials, resolutions and other documentation are submitted to New York State Department of Agriculture & Markets for approval.

Agricultural District Eight-Year Review

Per New York State Agriculture and Markets Law Section 303-A, the Cattaraugus County Legislature is required to review an Agricultural District eight years after its creation and every eight years thereafter. The eight-year review period allows any municipality, landowner or State Agency whose territory is within the Agricultural District to propose modification to the Agricultural District. Municipalities, landowners, and State Agencies may submit requests to add or remove parcels. The Agricultural District review period allows counties to reflect on developmental patterns within the county, as it pertains to agriculture. Cattaraugus County Agricultural District #5 (Encompasses all municipalities within Cattaraugus County) was created on July 10, 1977.

Process for the Agricultural District Eight-Year Review

Landowners requesting modifications (additions or removals) to the Agricultural District during a review period must submit an Agricultural District Review Worksheet to Cattaraugus County Economic Development, Planning & Tourism during the designated 30-day review period.

After the 30-day review period has closed, the proposed modifications will be submitted to the Cattaraugus County AFPB for review. The AFPB will review the submitted modifications to the existing Agricultural District, and prepare a report concerning the following:

• The nature and status of farming and farm resources within Agricultural District 5, including the total number of acres of land and the total number of acres of land in farm operations in the district
• The extent to which the district has achieved its original objectives
• The extent to which the county and local comprehensive plans, policies and objectives are consistent with and support the district
• The degree of coordination between local laws, ordinances, rules and regulations that apply to farm operations in such district and their influence on farming
• Recommendations to continue, terminate or modify such district

The AFPB's report is sent to the EDPT Legislative Committee for review, and then forwarded to the Cattaraugus County Legislature for a public hearing. All materials, resolutions and other documentation are submitted to New York State Department of Agriculture & Markets for approval.

Ag District Map

View the latest Composite Agricultural Districts Map