Section 303. Agricultural districts; creation

1.  Any owner or owners of
  land may submit a proposal  to  the  county  legislative  body  for  the
  creation  of  an agricultural district within such county, provided that
  such owner or owners own at least five hundred acres or at least ten per
  cent of the land proposed to be included in the district,  whichever  is
  greater. Such proposal shall be submitted in such manner and form as may
  be  prescribed  by  the commissioner, shall include a description of the
  proposed district, including a map delineating the  exterior  boundaries
  of  the  district  which shall conform to tax parcel boundaries, and the
  tax  map  identification  numbers  for  every  parcel  in  the  proposed
  district.  The  proposal  may  recommend an appropriate review period of
  either eight, twelve or twenty years.
    2. Upon the receipt of such a proposal, the county legislative body:
    a. shall thereupon provide notice of such  proposal  by  publishing  a
  notice  in  a  newspaper  having general circulation within the proposed
  district and by posting such notice in five  conspicuous  places  within
  the   proposed   district.   The  notice  shall  contain  the  following
  information:
    (1) a statement that a proposal for an agricultural district has  been
  filed with the county legislative body pursuant to this article;
    (2)  a  statement  that  the  proposal  will be on file open to public
  inspection in the county clerk's office;
    (3) a statement that any municipality whose territory encompasses  the
  proposed district or any landowner who owns at least ten per cent of the
  land  proposed  to  be  included within the proposed modification of the
  proposed district may propose a modification of the proposed district in
  such form and manner  as  may  be  prescribed  by  the  commissioner  of
  agriculture and markets;
    (4)  a statement that the proposed modification must be filed with the
  county clerk and the clerk of the county legislature within thirty  days
  after the publication of such notice;
    (5)  a statement that at the termination of the thirty day period, the
  proposal and proposed modifications will  be  submitted  to  the  county
  planning board and county agricultural and farmland protection board and
  that  thereafter a public hearing will be held on the proposal, proposed
  modifications and recommendations  of  the  planning  board  and  county
  agricultural and farmland protection board;
    b.  shall  receive  any  proposals  for modifications of such proposal
  which may be submitted  by  such  landowners  or  municipalities  within
  thirty days after the publication of such notice;
    c.  shall,  upon the termination of such thirty day period, refer such
  proposal and proposed modifications to the county planning board,  which
  shall, within forty-five days, report to the county legislative body the
  potential  effect  of  such proposal and proposed modifications upon the
  county's planning policies and objectives;
    d. shall simultaneously, upon  the  termination  of  such  thirty  day
  period,  refer  such  proposal  and proposed modifications to the county
  agricultural  and  farmland  protection  board,  which   shall,   within
  forty-five   days   report   to   the   county   legislative   body  its
  recommendations concerning the proposal and proposed modifications, and;
    e. shall hold a public hearing in the following manner:
    (1) The hearing shall be held at a place within the proposed  district
  or otherwise readily accessible to the proposed district;
    (2) The notice shall contain the following information:
    (a) a statement of the time, date and place of the public hearing;
    (b) a description of the proposed district, any proposed additions and
  any  recommendations of the county planning board or county agricultural
  and farmland protection board;

    (c) a statement that the public hearing will be held concerning:
    (i) the original proposal;
    (ii)  any  written  amendments  proposed  during the thirty day review
  period;
    (iii) any recommendations proposed  by  the  county  agricultural  and
  farmland protection board and/or the county planning board.
    (3)  The  notice  shall  be  published in a newspaper having a general
  circulation within the proposed district and shall be given  in  writing
  to   those  municipalities  whose  territory  encompasses  the  proposed
  district and any proposed modifications, owners of real property  within
  such a proposed district or any proposed modifications who are listed on
  the  most  recent assessment roll, the commissioner, the commissioner of
  environmental conservation and the advisory council on agriculture.
    3. The following factors shall be considered by  the  county  planning
  board, the county agricultural and farmland protection board, and at any
  public hearing:
    i. the viability of active farming within the proposed district and in
  areas adjacent thereto;
    ii. the presence of any viable farm lands within the proposed district
  and adjacent thereto that are not now in active farming;
    iii.  the  nature  and  extent  of land uses other than active farming
  within the proposed district and adjacent thereto;
    iv. county developmental patterns and needs; and
    v. any other matters which may be relevant.
    In  judging  viability,  any  relevant  agricultural  viability   maps
  prepared  by  the  commissioner  of  agriculture  and  markets  shall be
  considered, as well as soil, climate, topography, other natural factors,
  markets for farm products, the extent and nature of  farm  improvements,
  the  present  status  of  farming,  anticipated  trends  in agricultural
  economic conditions and technology, and such other  factors  as  may  be
  relevant.
    4.  The  county  legislative  body, after receiving the reports of the
  county  planning  board  and  the  county  agricultural   and   farmland
  protection  board and after such public hearing, may adopt as a plan the
  proposal or any modification of the proposal it deems  appropriate,  and
  shall  adopt  as part of the plan an appropriate review period of either
  eight, twelve or twenty years. The plan as adopted shall, to the  extent
  feasible, include adjacent viable farm lands, and exclude, to the extent
  feasible,  nonviable farm land and non-farm land. The plan shall include
  only whole tax parcels in the proposed district. The county  legislative
  body  shall  act to adopt or reject the proposal, or any modification of
  it, no later than one hundred eighty days from the date the proposal was
  submitted to this  body.  Upon  the  adoption  of  a  plan,  the  county
  legislative  body  shall submit it to the commissioner. The commissioner
  may, upon application by the county legislative body and for good  cause
  shown,  extend  the  period  for  adoption  and  submission  once for an
  additional thirty days. Where he or she does so, the county  legislative
  body may extend the period for the report from the county planning board
  and/or  the  period  for  the  report  from  the county agricultural and
  farmland protection board.
    5. a. The commissioner shall have sixty days after receipt of the plan
  within which to certify to  the  county  legislative  body  whether  the
  proposal,   or   a   modification  of  the  proposal,  is  eligible  for
  districting, whether the area to be districted consists predominantly of
  viable agricultural land, and whether the plan of the proposed  district
  is  feasible,  and  will  serve  the  public  interest  by  assisting in
  maintaining a viable agricultural industry within the district  and  the
  state.  The  commissioner  shall  submit  a  copy  of  such  plan to the

  commissioner of environmental conservation, who shall have  thirty  days
  within  which  to report his or her determination to the commissioner. A
  copy of such plan shall also be provided  to  the  advisory  council  on
  agriculture. The commissioner shall not certify the plan as eligible for
  districting  unless  the  commissioner of environmental conservation has
  determined that the area to  be  districted  is  consistent  with  state
  environmental plans, policies and objectives.
    6.  a.  Within  sixty days after the certification by the commissioner
  that the proposed area is eligible for districting, and that districting
  would  be  consistent  with  state  environmental  plans,  policies  and
  objectives, the county legislative body may hold a public hearing on the
  plan,  except  that  it  shall  hold  a  public  hearing if the plan was
  modified by the commissioner or was modified by the  county  legislative
  body  after  they  held  the  public  hearing required by paragraph e of
  subdivision two of this section and such modification was not considered
  at the original hearing. Notice of  any  such  hearing  shall  be  in  a
  newspaper  having  general  circulation  in  the  area  of  the proposed
  district and individual notice,  in  writing,  to  those  municipalities
  whose  territories  encompass  the  proposed district modifications, the
  persons  owning  land  directly  affected  by  the   proposed   district
  modifications,  the  commissioner,  the  commissioner  of  environmental
  conservation and the  advisory  council  on  agriculture.  The  proposed
  district,  if  certified without modification by the commissioner, shall
  become effective thirty  days  after  the  termination  of  such  public
  hearing  or,  if  there  is  no  public  hearing, ninety days after such
  certification  unless  its  creation  is  disapproved  by   the   county
  legislative  body  within  such period. Provided, however, that if, on a
  date within the thirty days after the termination of such public hearing
  or, if there is no public hearing, within the  ninety  days  after  such
  certification,  the  county  legislative  body  approves creation of the
  district, such district shall become effective on  such  date.  Provided
  further,  that  notwithstanding any other provision of this subdivision,
  if the commissioner modified the proposal, the district shall not become
  effective unless the  county  legislative  body  approves  the  modified
  district;  such  approval must be given on a date within the thirty days
  after the termination of  the  public  hearing;  and  the  district,  if
  approved,  shall  become  effective  on  such  date. Before approving or
  disapproving any proposal  modified  by  the  commissioner,  the  county
  legislative body may request reports on such modified proposal, from the
  county   planning   board  and  the  county  agricultural  and  farmland
  protection board.
    7. Upon the creation of  an  agricultural  district,  the  description
  thereof,  which  shall  include  tax  map identification numbers for all
  parcels within  the  district,  plus  a  map  delineating  the  exterior
  boundaries  of  the district in relation to tax parcel boundaries, shall
  be filed by the county legislative  body  with  the  county  clerk,  the
  county director of real property tax services, and the commissioner. For
  all  existing  agricultural  districts, the county clerk shall also file
  with the commissioner upon request the tax  map  identification  numbers
  for tax parcels within those districts. The commissioner, on petition of
  the  county  legislative  body,  may,  for good cause shown, approve the
  correction of any errors in  materials  filed  pursuant  to  a  district
  creation  at  any  time  subsequent  to the creation of any agricultural
  district.