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