New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter IX - Agricultural Districts
Part 371 - Notice Of Intent
Section 371.10 - Alternatives

(a) Pursuant to section 305(4)(f) of the Agriculture and Markets Law, if the commissioner determines that a proposed action would have an unreasonably adverse effect on the continuing viability of a farm enterprise or enterprises within the district, State environmental plans, policies and objectives, or State comprehensive plans, policies and objectives, he or she may issue an order as authorized by that paragraph and review the proposed action to determine whether any reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse impact on agriculture in order to sustain a viable farm enterprise or enterprises within the district.

(b) If the commissioner concludes that a reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse impact of the proposed action, he or she shall propose to the agency, corporation or government proposing the action that such alternative or alternatives be accepted. If the agency, corporation or government accepts the commissioner's proposal, then it shall communicate its acceptance to the commissioner in writing and the requirements of the notice of intent filing shall be deemed fulfilled. If the agency, corporation or government rejects the commissioner's proposal, then it shall provide the commissioner, in writing, with reasons for rejecting such proposal and a detailed comparison between its proposed action and the commissioner's alternative or alternatives. The written communication required by this paragraph shall be signed by the individual or individuals authorized to act on behalf of the agency, corporation or government.