Section 304. Unique and irreplaceable agricultural lands; creation of districts

1. The  commissioner,  after  consulting  with  the  advisory  council  on  agriculture, may create agricultural districts covering any
  land in units of two thousand or more acres not already districted under
  section three hundred three of this article, if (a) the land encompassed
  in  a  proposed  district  is  predominantly  unique  and  irreplaceable
  agriculture land; (b) the commissioner of environmental conservation has
  determined  that  such district would further state environmental plans,
  policies and objectives; and (c) the director of  the  division  of  the
  budget has given approval of the establishment of such area.
    2.  Prior to creating an agricultural district under this section, the
  commissioner of agriculture and markets shall work closely, consult  and
  cooperate with local elected officials, planning bodies, agriculture and
  agribusiness  interests, community leaders, and other interested groups.
  The commissioner shall give primary consideration  to  local  needs  and
  desires,  including  local  zoning  and  planning regulations as well as
  regional and local comprehensive land use plans. The commissioner  shall
  file  a  map  of the proposed district in the office of the clerk of any
  municipality in which the proposed district is to be located, and  shall
  provide  a  copy  thereof  to  the  chief  executive officer of any such
  municipality and the presiding officer of the local governing body, and,
  upon request, to any other person.  The  commissioner  shall  publish  a
  notice of the filing of such proposed map and the availability of copies
  thereof  in  a  newspaper  of general circulation within the area of the
  proposed district, which notice shall also state that a  public  hearing
  will  be  held to consider the proposed district at a specified time and
  at a specified place either  within  the  proposed  district  or  easily
  accessible  to the proposed district on a date not less than thirty days
  after such publication. In addition, the commissioner shall give notice,
  in writing, of such public hearing to persons  owning  land  within  the
  proposed  district.  The  commissioner  shall  conduct  a public hearing
  pursuant to such notice, and, in addition, any  person  shall  have  the
  opportunity  to present written comments on the proposed district within
  thirty days after the public hearing. After due  consideration  of  such
  local  needs and desires, including such testimony and comments, if any,
  the commissioner may affirm, modify or withdraw the  proposed  district.
  Provided,  however,  that  if  the commissioner modifies the proposal to
  include any land not included in the proposal as it read when the public
  hearing was held, the commissioner shall hold another public hearing, on
  the same type of  published  and  written  notice,  and  with  the  same
  opportunity for presentation of written comments after the hearing. Then
  the  commissioner  may affirm, modify or withdraw the proposed district,
  but may not modify it to include land not included in the proposal  upon
  which the second hearing was held.
    3.  Upon such affirmation or modification, a map of the district shall
  be filed by the commissioner of agriculture and markets with the  county
  clerk  of  each  county  in  which  the district or a portion thereof is
  located, and publication of such filing shall be made in a newspaper  of
  general  circulation  within the district to be created. The creation of
  the district shall become effective thirty days after  such  filing  and
  publication.
    4.  The  commissioner  shall  review  any  district created under this
  section, in consultation with the advisory council on  agriculture,  the
  commissioner  of  environmental  conservation  and  the  director of the
  division of the budget, eight, twelve or twenty years after the date  of
  its  creation,  consistent  with the review period set forth in the plan
  creating such district or every eight years if the district was  adopted
  prior  to  August first, nineteen hundred eighty-three, and every eight,

  twelve or twenty year period thereafter, whichever  may  be  applicable.
  Each   such   review  shall  include  consultation  with  local  elected
  officials, planning bodies,  agricultural  and  agribusiness  interests,
  community  leaders,  county agricultural and farmland protection boards,
  and other interested groups, and shall also include a public hearing  at
  a  specified time and at a specified place either within the district or
  easily accessible to the proposed district, notice of such hearing to be
  published in a newspaper having general circulation within the district.
  In addition, the commissioner shall give notice,  in  writing,  of  such
  public  hearing  to  persons owning land in the district. After any such
  review, the commissioner may modify such district so as to exclude  land
  which  is  no longer predominantly unique and irreplaceable agricultural
  land  or  to  include  additional  such  land,  provided:     (a)   such
  modification would serve the public interest by assisting in maintaining
  a  viable  agricultural  industry within the district and the state; (b)
  the commissioner of environmental conservation has determined that  such
  modification  would  further  state  environmental  plans,  policies and
  objectives; and (c) such modification has been approved by the  director
  of   the  division  of  the  budget;  provided,  further,  that  if  the
  commissioner modifies the district to include additional land, he or she
  shall hold another public hearing, on the same  type  of  published  and
  written  notice.  Then the commissioner may again modify or dissolve the
  district, but may not modify it to include  land  not  included  in  the
  proposed  modifications  upon  which the second hearing was held.  After
  any such review the commissioner, after consultation with  the  advisory
  council on agriculture, shall dissolve any such district if (a) the land
  within  the district is no longer predominantly unique and irreplaceable
  agricultural land, or (b) the commissioner of environmental conservation
  has determined that the continuation of the district would  not  further
  state  environmental  plans,  policies and objectives. A modification or
  dissolution of a district shall become effective in the same  manner  as
  is provided for in subdivision three of this section, except that in the
  case of dissolution, a notice of dissolution shall be filed instead of a
  map.