New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter IX - Agricultural Districts
Part 371 - Notice Of Intent
Section 371.11 - Certification

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Pursuant to section 305(4)(g) of the Agriculture and Markets Law, the agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the requirements of section 305(4) of the Agriculture and Markets Law have been met, and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent process will be minimized or avoided.

(b) The certification shall be provided by the agency, corporation or government and shall be signed by the individual or individuals authorized to act on behalf of the agency, corporation or government. It shall set forth the reasons in support of the finding by the agency, corporation or government (e.g., needs and benefits, assessment of anticipated agricultural impacts, assessment of alternatives, proposed mitigation measures--including adoption of construction standards and/or guidelines recommended by the department, and discussion of existing laws, programs and policies which help sustain viable farm enterprises within the agricultural district).

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