Section 308. Right to farm

1. a. The commissioner shall, in consultation
  with the state advisory council  on  agriculture,  issue  opinions  upon
  request  from any person as to whether particular agricultural practices
  are sound.
    b. Sound agricultural practices refer to those practices necessary for
  the  on-farm  production,  preparation  and  marketing  of  agricultural
  commodities.   Examples   of   activities  which  entail  practices  the
  commissioner may consider include, but are not limited to, operation  of
  farm  equipment;  proper  use  of  agricultural chemicals and other crop
  protection methods; direct sale to consumers of agricultural commodities
  or  foods  containing   agricultural   commodities   produced   on-farm;
  agricultural  tourism;  production,  management  and harvesting of "farm
  woodland", as defined in subdivision three of section three hundred  one
  of  this  article  and  construction  and  use  of  farm structures. The
  commissioner shall consult appropriate state agencies and any guidelines
  recommended by the advisory council on agriculture. The commissioner may
  consult as appropriate, the New York state college  of  agriculture  and
  life  sciences  and the U.S.D.A. natural resources conservation service.
  The commissioner shall also consider whether the agricultural  practices
  are  conducted  by  a  farm  owner  or  operator  as  part of his or her
  participation in the AEM program as set forth  in  article  eleven-A  of
  this chapter. Such practices shall be evaluated on a case-by-case basis.
    2.  Upon  the  issuance  of  an  opinion pursuant to this section, the
  commissioner shall publish a notice in  a  newspaper  having  a  general
  circulation  in  the  area  surrounding the practice and notice shall be
  given in writing to the owner of the property on which the  practice  is
  conducted  and  any  adjoining  property  owners.  The  opinion  of  the
  commissioner shall be final, unless within thirty days after publication
  of the notice a person  affected  thereby  institutes  a  proceeding  to
  review  the  opinion  in the manner provided by article seventy-eight of
  the civil practice law and rules.
    3. Notwithstanding any other provisions of law,  on  any  land  in  an
  agricultural district created pursuant to section three hundred three or
  land   used  in  agricultural  production  subject  to  an  agricultural
  assessment pursuant to section three hundred six  of  this  article,  an
  agricultural  practice  shall not constitute a private nuisance, when an
  action is brought by  a  person,  provided  such  agricultural  practice
  constitutes  a sound agricultural practice pursuant to an opinion issued
  upon request by the commissioner.  Nothing  in  this  section  shall  be
  construed  to  prohibit  an  aggrieved party from recovering damages for
  personal injury or wrongful death.
    4. The commissioner, in consultation with the state  advisory  council
  on  agriculture,  shall issue an opinion within thirty days upon request
  from any person as to whether particular land uses are  agricultural  in
  nature.  Such  land  use  decisions shall be evaluated on a case-by-case
  basis.
    5. The commissioner shall develop and make  available  to  prospective
  grantors  and  purchasers  of  real property located partially or wholly
  within any agricultural district  in  this  state  and  to  the  general
  public,  practical information related to the right to farm as set forth
  in this article including, but not limited to right to  farm  disclosure
  requirements  established  pursuant to section three hundred ten of this
  article and section three hundred thirty-three-c of  the  real  property
  law.