Section 325. Agricultural protection

1.  Subject to the availability of
  funds,  a  program  is  hereby  established  to  finance  through  state
  assistance payments the state share of the costs of county and municipal
  agricultural   and  farmland  protection  activities.  State  assistance
  payments for planning activities shall not exceed fifty thousand dollars
  to each county agricultural and farmland protection board or one hundred
  thousand dollars to two such boards  applying  jointly,  and  shall  not
  exceed  fifty  percent  of  the  cost  of  preparing an agricultural and
  farmland  protection  plan.  State  assistance  payments  for   planning
  activities  shall  not  exceed  twenty-five  thousand  dollars  to  each
  municipality other than a county or fifty thousand dollars to  two  such
  municipalities  applying  jointly,  and  shall  not  exceed seventy-five
  percent of the cost of preparing an agricultural and farmland protection
  plan. A county which has an approved farmland protection plan may  after
  one  hundred  twenty  months  from  the  date  of  such  approval by the
  commissioner apply for additional state assistance payments for planning
  activities related to the updating of their current plan or  development
  of  a  new  farmland  protection  plan. Such additional state assistance
  payments  shall  not  exceed  fifty  thousand  dollars  to  each  county
  agricultural  and  farmland  protection  board  or  one hundred thousand
  dollars to two such boards applying jointly, and shall not exceed  fifty
  percent of the cost of preparing an agricultural and farmland protection
  plan.   State   assistance   payments  for  implementation  of  approved
  agricultural and farmland protection plans may fund up  to  seventy-five
  percent  of  the  cost of implementing the county plan or portion of the
  plan for which state assistance payments are requested.
    2. (a) A county agricultural and farmland protection board,  two  such
  boards  acting jointly, a municipality or two such municipalities acting
  jointly shall make application to the commissioner in such manner as the
  commissioner may prescribe. Application for  state  assistance  payments
  for  planning  activities  may  be  made  at  any  time after the county
  agricultural and farmland protection board has formed and has elected  a
  chairperson.  A  county  agricultural  and farmland protection board may
  make application for state assistance payments for  plan  implementation
  at  any  time  after the commissioner has approved a county agricultural
  and  farmland  protection  plan  pursuant  to  section   three   hundred
  twenty-four  of  this  article.  Application  made jointly by two county
  agricultural and farmland protection  boards  may  be  made  after  such
  agricultural  and  farmland  protection  plan is approved by each county
  pursuant to the provisions of section three hundred twenty-four of  this
  article.
    (b)  Within  a  county,  a  municipality  which  has  in place a local
  farmland  protection  plan  may  apply  and  shall   be   eligible   for
  agricultural protection state assistance payments to implement its plan,
  or  a portion of its plan, provided the proposed project is endorsed for
  funding by the agricultural and farmland protection board for the county
  in which the municipality is located and that any plan developed  on  or
  after  January  first,  two  thousand  six  complies  with section three
  hundred twenty-four-a of this article. State assistance payments to such
  municipalities shall not exceed seventy-five  percent  of  the  cost  of
  implementing  the  local  plan  or  portion  of the plan for which state
  assistance  has  been  requested.  The  commissioner  may  require  such
  information  or  additional  planning  as  he  or she deems necessary to
  evaluate such a request for state assistance.
    (c) In evaluating applications for  funding,  the  commissioner  shall
  give  priority to projects intended to preserve viable agricultural land
  as defined in section three hundred one of this  chapter;  that  are  in
  areas  facing  significant  development  pressure;  and  that serve as a

  buffer for a significant natural public  resource  containing  important
  ecosystem or habitat characteristics.
    3.  Upon  receipt  of a request for state assistance, the commissioner
  shall  review  the  request,  consult  with  the  advisory  council   on
  agriculture  and,  within  ninety  days  from  the receipt of a complete
  application, shall make a  determination  as  to  whether  or  not  such
  projects shall receive state assistance.