property tax services. The chairperson shall be chosen by majority vote. Such a committee] board shall be established in the event no such [committee] board exists at the time of receipt by the county legislative body of a petition for the creation or review of an agricultural district pursuant to [subdivision one of] section three hundred three of this article, or at the time of receipt by the county of a notice of intent filing pursuant to subdivision four of section three hundred five of this article. The members of such [committee] board shall be appointed by the [chairman] chairperson of the county legislative body, who shall solicit_nominations from farm membership organizations except for the chairman] chairperson of the county soil and water conservation district's board of directors, the county planning director and director of real property tax services, who shall serve ex officio. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement for [his] actual and necessary expenses incurred in the performance of [his] official duties.

(b) After the [committee] board has been established, the [chairman] chairperson of the county legislative body shall appoint to it [one active farmer and one local agribusinessman for a term of one year each, one active farmer and one local agribusinessman for a term of two years each, one active farmer and one local agribusinessman for a term of three years each, and one active farmer and one local agribusinessman for a term of four years each] two qualified persons for terms of two years each, two qualified persons for terms of three years each and two qualified persons for a term of four years. Thereafter, the appointment of each [active farmer or local agribusinessman] member shall be for a term of four years. Appointment of a member of the county legislative body shall be for a term coterminous with [his] the member's term of office. Appointment of the county planning director and county director of real property tax services shall be coterminous with their tenure in such office. The appointment of the [chairman] chairperson of the county soil and water conservation district's board of directors shall be for a term coterminous with his or her designation as [chairman] chairperson of the county soil and water conservation district's board of directors. Any member of the [committee] board may be reappointed for a succeeding term on such [committee] board without limitations as to the number of terms the member may serve.

(c) [Any farmer or local agribusinessman, who on the effective date of this paragraph is a member of an agricultural districting advisory committee shall serve until the last day of June, nineteen hundred eightythree, upon which date the chairman of the county legislative body shall appoint persons to fill the positions of such persons in accordance with the provisions of paragraph (b) of this subdivision. Farmers and local agribusinessmen who must vacate their positions on such committee because of the provisions of this paragraph may be reappointed to their position, for a term specified in paragraph (b) of this subdivision.

(d) Members of the county legislative body who on the effective date of this paragraph are members of such committee shall continue to serve thereon until the end of their terms of office, after which time the chairman of such legislative body may reappoint such members or appoint new members to such committee.

(e)] The [advisory committee] county agricultural and farmland protection board shall advise the county legislative body and work with the county planning board in relation to the proposed establishment, modification, [and] continuation or termination of any agricultural district. The [committee] board shall render expert advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area and the relation of farming in such area to the county as a whole. The board may review not ice of intent filings pursuant to subdivision four of section three hundred five of this article and make findings and recommendations pursuant to that section as to the effect and reasonableness of proposed actions involving the advance of public funds or acquisitions of farmland in agricultural districts by governmental entities. The board shall also assess and approve county agricultural and farmland protection plans.

[(f) An agricultural districting, advisory committee] (d) A county agricultural and farmland protection board may request the commissioner of agriculture and markets to review any state agency rules and regulations which the [committee] board identifies as affecting the agricultural activities within an existing or proposed agricultural district. Upon receipt of any such request, the commissioner of agriculture and

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markets shall, if the necessary funds are available, submit in writing to the [committee] board (i) notice of changes in such rules and regulations which he or she deems necessary [and is undertaking], (ii) a copy of correspondence with another agency if such rules and regulations outside his or her jurisdiction, including such rules and regulations being reviewed, and his or her recommendations for modification, or (iii) his or her reasons for determining that existing rules and regulations be continued without modification.

2. Upon the request of one or more owners of land used in agricultural production the [committee] board may review the land classification for such land established by the department of agriculture and markets, consulting with the district soil and water conservation office, and the county cooperative extension service office. After such review, the [committee] board may recommend revisions to the classification of specific land areas based on local soil, land and climatic conditions to the department of agriculture and markets.

§ 3. Section 303 of the agriculture and markets law, as amended by chapter 79 of the laws of 1980, subdivisions 1, 4, 5 and 8 as amended by chapter 326 of the laws of 1984, is amended to read as follows:

§ 303. Agricultural districts; creation. 1. Any owner or owners of land may submit a proposal to the county legislative body for the creation of an agricultural district within such county, provided that such owner or owners own at least five hundred acres or at least ten per cent of the land proposed to be included in the district, whichever is greater. Such proposal shall be submitted in such manner and form as may be prescribed by the commissioner of agriculture and markets, shall include a description of the proposed district, including a map delineating the boundaries [thereof, and] of the district which shall conform to tax parcel boundaries, and the tax map identification numbers for parcel in the proposed district. The proposal may recommend an appropriate review period of either eight, twelve or twenty years.

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2. Upon the receipt of such a proposal, the county legislative body: a. shall thereupon provide notice of such proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in five conspicuous places within the proposed district. The notice shall contain the following information: (1) a statement that a proposal for an agricultural district has been filed with the county legislature pursuant to this article; (2) a statement that the proposal will be on file open to public inspection in the county clerk's office;

(3) a statement that any municipality whose territory encompasses the proposed district or any landowner who owns at least ten per cent of the land proposed to be included within the proposed modification of the proposed district may propose a modification of the proposed district in such form and manner as may be prescribed by the commissioner of agriculture and markets;

(4) a statement that the proposed modification must be filed with the county clerk and the clerk of the county legislature within thirty days after the publication of such notice;

(5) a statement that at the termination of the thirty day period, the proposal and proposed modifications will be submitted to the county planning board and county agricultural [advisory committee,] and farmland protection board and that thereafter a public hearing will be held on the proposal, proposed modifications and recommendations of the planning board and committee.] county agricultural and farmland protection board;

b. shall receive any proposals for modifications of such proposal which may be submitted by such landowners or municipalities within thirty days after the publication of such notice;

C. shall, upon the termination of such thirty day period, refer such proposal and proposed modifications to the county planning board, which shall, within forty-five days, report to the county legislative body the potential effect of such proposal and proposed modifications upon the county's planning policies and objectives;

d. shall simultaneously, upon the termination of such thirty day period, refer such proposal and proposed modifications to the county agricultural [districting advisory committee] and farmland protection board, which shall, within forty-five days report to the county legislaEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

tive body its recommendations concerning the modifications, and;

proposal and proposed

e. shall hold a public hearing in the following manner:

(1) The hearing shall be held at a place within the proposed district or otherwise readily accessible to the proposed district;

(2) The notice shall contain the following information:

(a) a statement of the time, date and place of the public hearing;

b) a description of the proposed district, any proposed additions and any recommendations of the county planning board or [advisory committee] county agricultural and farmland protection board;

(c) a statement that the public hearing will be held concerning: (i) the original proposal;

(ii) any written amendments proposed during the thirty day review period; (iii) any recommendations proposed by the county agricultural [districting advisory committee] and farmland protection board and/or the county planning board.

(3) The notice shall be published in a newspaper having a general circulation within the proposed district and shall be given in writing to those municipalities whose territory encompasses the proposed district and any proposed modifications, owners of real property within such a proposed district or any proposed modifications who are listed on the most recent assessment roll, the commissioner of agriculture and markets, the commissioner of environmental conservation, the secretary of state and the advisory council on agriculture.

3. The following factors [should] shall be considered by the county planning board, the county agricultural [districting advisory committee] and farmland protection board, and at any public hearing:

i. the viability of active farming within the proposed district and in areas adjacent thereto;

ii. the presence of any viable farm lands within the proposed district and adjacent thereto that are not now in active farming; iii. the nature and extent of land uses other than active farming within the proposed district and adjacent thereto;

iv. county developmental patterns and needs; and

v. any other [matter] matters which may be relevant.

In judging viability, any relevant agricultural viability maps prepared by the commissioner of agriculture and markets shall be considered, as well as soil, climate, topography, other natural factors, markets for farm products, the extent and nature of farm improvements, the present status of farming, anticipated trends in agricultural economic conditions and technology, and such other factors as may be relevant.

4. The county legislative body, after receiving the reports of the county planning board and the county agricultural [districting advisory committee,] and farmland protection board and after such public hearing, may adopt as a plan the proposal or any modification of the proposal it deems appropriate, and shall adopt as part of the plan an appropriate review period of either eight, twelve or twenty years. The plan as adopted shall, to the extent feasible, include adjacent viable farm lands, and exclude, to the extent feasible, nonviable farm land and nonfarm land. The plan shall include only whole tax parcels in the proposed district. The county legislative body shall act to adopt or reject the proposal, or any modification of it, no later than one hundred eighty days from the date the proposal was submitted to this body. Upon the adoption of a plan, the county legislative body shall submit it to the commissioner of agriculture and markets. The commissioner may, upon application by the county legislative body and for good cause shown, extend the period for adoption and submission once for an additional thirty days. Where he or she does so, the county legislative body may extend the period for the report from the county planning board and/or the period for the report from the county agricultural [districting advisory committee] and farmland protection board.

5. The commissioner of agriculture and markets shall have sixty days after receipt of the plan within which to certify to the county legislative body whether the proposal, or a modification of the proposal, is eligible for districting, whether the area to be districted consists predominantly of viable agricultural land, and whether the plan of the proposed district is feasible, and will serve the public interest by assisting in maintaining a viable agricultural industry within the district and the state. The commissioner of agriculture and markets shall submit copies of such plan to the commissioner of environmental conservation and to the secretary of state, who shall have thirty days within

which to report their respective determinations to the commissioner of agriculture and markets. A copy of such plan shall also be provided to the advisory council on agriculture. The commissioner of agriculture and markets shall not certify the plan as eligible for districting unless, (a) the commissioner of environmental conservation has determined that the area to be districted is consistent with state environmental plans, policies and objectives, and (b) the secretary of state[,] has determined that the districting of the area is consistent with state comprehensive plans, policies and objectives.

6.

Within sixty days after the certification [of] by the commissioner of agriculture and markets that the proposed area is eligible for districting, and that districting would be consistent with state environmental plans, policies and objectives, the county legislative body may hold a public hearing on the plan, except that it shall hold a public hearing if the plan was modified by the commissioner of agriculture and markets or was modified by the county legislative body after they held the public hearing required by paragraph e of subdivision two of this section and such modification was not considered at the original hearing. Notice of any such hearing shall be in a newspaper having general circulation in the area of the proposed district and individual notice, in writing, to those municipalities whose territories encompass the proposed district modifications, the persons owning land directly affected by the proposed district modifications, the commissioner of agriculture and markets, the commissioner of environmental conservation, the secretary of state and the advisory council on agriculture. The proposed district, if certified without modification by the commissioner of agriculture and markets, shall become effective thirty days after the termination of such public hearing or, if there is no public hearing, ninety days after such certification unless its creation is disapproved by the county legislative body within such period. Provided, however, that if, on a date within the thirty days after the termination of such public hearing or, if there is no public hearing, within the ninety days after such certification, the county legislative body approves creation of the district, such district shall become effective on such date. Provided[,] further, that notwithstanding any other provision of this subdivision, if the commissioner of agriculture and markets modified the proposal, the district shall not become effective unless the county legislative body approves the modified district; such approval must be given on a date within the thirty days after the termination of the public hearing; and the district, if approved, shall become effective on such date. Before approving or disapproving any proposal modified by the commissioner of agriculture and markets, the county legislative body may request reports on such modified proposal, from the county planning board and the county agricultural [districting advisory committee] and farmland protection board.

7. [Upon the creation of an agricultural district, the description thereof shall be filed by the county legislative body with the county clerk and the commissioner of agriculture and markets.

8. (a) The county legislative body shall review any district created under this section eight, twelve or twenty years after the date of its creation, consistent with the review period set forth in the plan creating such district, or every eight years if the district was adopted prior to August first, nineteen hundred eighty-three, and at the end of every eight, twelve or twenty year period thereafter whichever may apply. In conducting such review, the county legislative body shall ask for the recommendations of the county planning board and the county agricultural [advisory committee] and farmland protection board and shall, at least one hundred twenty days prior to the end of the applicable review period and not more than one hundred eighty days prior to such date, hold a public hearing at a place within the district or otherwise readily accessible to the district upon notice in a newspaper having a general circulation within the district and individual notice, in writing, to those municipalities whose territories encompass the district, the persons owning land within the district, the commissioner of agriculture and markets, the commissioner of environmental conservation, the secretary of state, and the advisory council on agriculture. (b) The county legislative body, in conjunction with the county planning board and the county agricultural and farmland protection board, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

shall consider the factors contained in subdivision three of this section, and shall make the following findings for each district review:

i. the extent to which the number of farms and farm acres furthers the purposes for which the district was originally created;

ii. the extent to which the district has achieved its original objectives;

iii. the degree to which the district is consistent with community economic and land use conditions; and

iv. the district's effect on local government policies concerning community development, environmental protection and preservation of the agricultural economy;

(c) The county legislative body, after receiving the reports of the county planning board and the county agricultural [districting advisory committee] and farmland protection board and after the public hearing, may terminate the district at the end of such eight, twelve or twenty year period whichever may be applicable by filing a notice of termination with the county clerk and the commissioner of agriculture and markets, or may modify the district in the same manner as is provided in subdivisions four, five, six and seven of this section relating to the creation of a district. If the county legislative body does not act, or if a modification of a district is rejected, the district shall continue as originally constituted, unless the commissioner of agriculture and markets, after consultation with the advisory council on agriculture, terminates such district, by filing a notice thereof with the county clerk, because: [(a) the continuance of the district would not be consistent with state environmental plans, policies, and objectives, or (b)] (i) the area in the district is longer predominantly viable agricultural land, or [(c)] (ii) the commissioner of environmental conservation has determined that the continuation of the district would not be consistent with state environmental plans, policies and objectives, or [(d)] (111) the secretary of state has determined that the continu of the district would not be consistent with state comprehensive plans, policies and objectives, except, however, if the commissioner of agriculture and markets certifies to the county legislative body that he or she will not approve the continuance of the district unless modified, such modified district may be established in the same manner provided in subdivision six of this section.

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8. Upon the creation, modification or continuation of an agricultural district, the description thereof, which shall include tax map identification numbers for all parcels within the district, plus a map which shows district boundaries in relation to tax parcel boundaries, shall be filed by the county legislative body with the county clerk, the county director of real property tax services, and the commissioner. For all existing agricultural districts, the county clerk shall also file with the commissioner upon request the tax map identification numbers for tax parcels within those districts. The county legislative body is authorized to correct any errors in materials filed pursuant to this subdivision at any time subsequent to the creation, modification, or continuation of any agricultural district.

§ 4. Section 304 of the agriculture and markets law, as amended by chapter 79 of the laws of 1980, subdivision 4 as amended by chapter 326 of the laws of 1984, is amended to read as follows:

§ 304. Unique and irreplaceable agricultural lands; creation of districts. 1. [Four years after the effective date of this act, the] The commissioner [of agriculture and markets], after consulting with the advisory council on agriculture, may create agricultural districts covering any land in units of two thousand or more acres not already districted under section three hundred three, if (a) the land encompassed in a proposed district is predominantly unique and irreplaceable agriculture land; (b) the commissioner of environmental conservation has determined that such district would further state environmental plans, policies and objectives; (c) the secretary of state has determined that such proposed district would be consistent with state comprehensive plans, policies and objectives and (d) the director of the division of the budget has given approval of the establishment of such area.

2. Prior to creating an agricultural district under this section, the commissioner of agriculture and markets shall work closely, consult and cooperate with local elected officials, planning bodies, agriculture and agribusiness interests, community leaders, and other interested groups. The commissioner shall give primary consideration to local needs and desires, including local zoning and planning regulations as well as regional and local comprehensive land use plans. The commissioner shall