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No. Being in an agricultural district does not prohibit the selling of land. The ADL does not restrict the transfer of real property. The ADL does provide for a real estate transfer disclosure by the seller to the prospective purchaser. The disclosure states that the property is located within an agricultural district and that farming activities including noise, dust, and odors occur within the district. Prospective residents are also informed that the location of the property within an agricultural district may impact the ability to access water and/or sewer services.
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No. The agricultural districts do not affect your taxes. Agricultural lands may qualify for a tax break through the agricultural value assessments program. Though agricultural value assessments and agricultural districts are governed by the same law, the process is completely independent. Your taxes are based on the current land use and are determined by your assessor independent of the agricultural district. Your taxes will not automatically increase if your property is removed from the district nor will your taxes decrease for being in the district.
No. The agricultural district is not the same as zoning. The agricultural district does not affect your property class.
The New York State Department of Agriculture and Markets website has several guidance documents that offer including:
No. The agricultural district does put any restrictions on what you can do to the land. They do not prevent you from developing your land into residential or commercial uses in the future. Their main goal is to provide protections for current and potential agricultural lands and to encourage agriculture to continue. You may build new structures on land in the agricultural district, following the same process as lands outside of the agricultural district.
Think of agricultural districts as a layer, overlaid on zoning and other planning tools. If your property is not in an agricultural district, then it is simply just not part of the district. It is not added to another layer.
No. Only land considered by the State to be a "Farm Operation" receives the benefits.
Farm Operation Definition: "Farm operation" means the land and on-farm buildings, equipment, manure processing, and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section and "compost, mulch or other biomass crops" as defined in subdivision sixteen of this section and "commercial equine operation" as defined in subdivision seventeen of this section. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
You may call Wayne County Department of Economic Development and Planning at (315) 946-5919 to determine if you are in an agricultural district - please have your parcel ID number available or you may visit the NYS Agriculture and Markets website to see a general agricultural district map.
A geographic area that consists predominantly of viable agricultural land. Agricultural operations within the district are the priority land use and afforded benefits and protections to promote the continuation of farming and the preservation of agricultural land. In practice, districts may include land that is actively farmed, idle, forested, as well as residential and commercial.
Districts are usually reviewed, or renewed, every 8 years. The County Board of Supervisors, after receiving the County Agricultural and Farmland Protection Board report and recommendations and after a public hearing, determines whether the district shall be continued, terminated, or modified. During the review process, land may be added or deleted from the district.
Counties are also required to designate an annual 30-day period when landowners may petition the County for the inclusion of viable agricultural lands in an existing agricultural district. In Wayne County, the annual review takes place from January 1st to January 31st each year. Fill out the District 1 Eight-Year Review, Modification, and Open Enrollment Application (PDF). In 2016 the open enrollment is being run in conjunction with the 8-year review process.
Everyone benefits. Besides its value for the production of food, agricultural land provides many environmental benefits including groundwater recharge, open space, and scenic viewsheds. Agriculture benefits local economies too, by providing on-farm jobs and supporting agribusinesses. Agricultural land requires less public services than developed land and results in cost savings for local communities.
The ADL protects farm operations within an agricultural district from the enactment and administration of unreasonably restrictive local regulations unless it can be shown that public health or safety is threatened. The Department evaluates the reasonableness of a specific requirement or process imposed on a farm operation on a case-by-case basis. The Commissioner may institute an action or compel a municipality to comply with this provision of the ADL.
Districts must consist predominantly of viable agricultural land. Predominance has been interpreted as more than 50% of land in farms, but most districts have a higher percentage. The benefits and protections under the ADL, however, apply only to farm operations and land used in agricultural production.
Agricultural districts do not preserve farmland in the sense that the use of land is restricted to agricultural production forever. Rather, districts provide benefits that help make and keep farming as a viable economic activity, thereby maintaining land in active agricultural use.
No. To the contrary, an agricultural district can be an effective tool in helping local governments to manage growth. The existence of a district, for example, can help direct development away from traditional farming areas.
The ADL does not supersede a government's right to acquire land for essential public facilities like roads or landfills. However, the ADL provides a process that requires a full evaluation of the effects of government acquisitions on the retention and enhancement of agriculture and agricultural resources within a district.
Property taxes saved by farmers as a result of agricultural assessments must ultimately be made up by all taxpayers in the affected municipality. Farmers, like other homeowners, must bear their fair share of any tax shift since their residences are not subject to an agricultural assessment.