Current through Register Vol. 46, No. 39, September 25, 2024
The final notice of intent required by section
305
(4)(c) of the Agriculture and Markets Law
shall be in the following form and contain the following information:
(a) A statement at the top of the first page
with the following language:
FINAL NOTICE OF INTENT TO UNDERTAKE AN ACTION WITHIN AN
AGRICULTURAL DISTRICT
(b)
The name and address of the State agency, public benefit corporation or local
government proposing to undertake the action.
(c) The identity, by county and number, of
the agricultural district or districts affected by the proposed
action.
(d) The total number of
acres in the agricultural district which will be affected by the proposed
action.
(e) The location of the
proposed action, including the county, town, city, village or other
municipality involved.
(f) The
name, address, telephone numbers and tax map numbers for the owners of all
farms which will be affected by the proposed action.
(g) A detailed agricultural impact statement
setting forth the following:
(1)
(i) A detailed description of the proposed
action.
(ii) A detailed description
of the agricultural setting including:
(a) a
tax map, or other map which sets forth the tax map numbers of all affected
landowners as identified in section
371.7(f) of this
Part, identifying: the final proposed siting of the project, which is the
subject of the action; and the surrounding land use, including agricultural
land use by type of production;
(b)
the total number of farms within the agricultural district which will be
affected by the proposed action; and
(c) the total number of acres of land in
farms within the agricultural district which will be affected by the proposed
action.
(2)
An assessment of the anticipated agricultural impact of the proposed action
including short-term and long-term effects. Short-term effects
include, but are not limited to, construction effects, such as temporary loss
of land used in agricultural production, disruption of ongoing farm practices
and the economic impact of these effects. Long-term effects
include, but are not limited to, permanent loss or severance of land used in
agricultural production, changes to infrastructure, the extent to which the
proposed action will cause or encourage nonfarm development and the economic
impact of these effects. The assessment shall include a brief narrative of
concerns, if any, expressed by the farm landowners directly affected by the
proposed action.
(3) Any adverse
agricultural effects, including short-term and long-term effects, which cannot
be avoided should the proposed action be implemented.
(4) The reason(s) why the preferred
alternative, route, and/or site was selected.
(5) Any irreversible and irretrievable
commitments of agricultural resources which would result from the proposed
action if it is implemented.
(6)
Any mitigation measures proposed to minimize the adverse impact of the proposed
action on the continuing viability of a farm enterprise or enterprises within
the district (e.g., use of construction techniques which would
avoid soil compaction, loss of topsoil, disturbance of the soil profile, and
damage to farm drainage systems and conservation structures; restoration of
land used in agricultural production which is affected by construction
activities to its pre-construction condition to the maximum extent practicable;
siting a facility in such a manner as to avoid or minimize adverse effects on
farm operations; or the imposition of permit conditions or other binding
restrictions that would avoid or minimize the potential for nonfarm growth
inducement within the agricultural district, such as the imposition of service
lateral restrictions for water or sewer lines).
(7) Any aspects of the proposed action which
would encourage nonfarm development. Include, where applicable and appropriate,
a description of any roadways, water or sewer lines, gas lines, or commercial
or industrial facilities which are proposed. If the proposed action may
encourage nonfarm development, also provide the following information:
(i) Local zoning restrictions which apply to
the area.
(ii) The total number of
applications for subdivisions of five or more lots submitted to the local
government(s) in the locality where the action is proposed in the two years
preceding the filing of the final notice of intent. Include the total number of
lots involved and, for applications for subdivisions of 10 or more lots,
provide a brief description of the project, including location and proximity to
the proposed action.
(8)
The anticipated date of commencement of the proposed action.
(9) The name, title, address and telephone
number of the individual authorized to respond to department inquiries
concerning the final notice.
(10)
The signature of the authorized individual, verifying that the information
contained in the final notice is truthful and accurate to the best of his or
her knowledge, and date signed.
(h) If the action involves the advance of
funds of any kind within an agricultural district for the construction of
dwellings, commercial or industrial facilities, or water or sewer facilities to
serve nonfarm structures, provide, in addition to the information required by
subdivisions (a) through (g) of this section, the following additional
information:
(1) the source of the
funds;
(2) the name, address and
telephone number of the recipient(s) of the funds.
The party proposing the action shall file an original and
four complete copies of the final notice of intent, including all maps,
appendices and other information, with the commissioner. If the commissioner
notifies the party proposing the action that the final notice of intent is
incomplete pursuant to section
305
(4)(c) of the Agriculture and Markets Law,
and the party files additional information or a revised final notice of intent
with the commissioner, the party shall also file an original and four complete
copies of the information or revised final notice of intent with the
commissioner. The party proposing the action shall also file a complete copy of
the final notice of intent, including all maps, appendices and other
information, with the county agricultural and farmland protection board. If
additional information or a revised final notice of intent is filed with the
commissioner, the party shall also file a complete copy of the information or
revised final notice of intent with the board.
