DELAWARE COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD
The Delaware County Agricultural and Farmland Protection Board consists of eleven
members, at least four of whom are active farmers. One member of such board represents
area agribusiness and another member represents an organization dedicated to agricultural
land preservation. These six members are required to reside within Delaware County.
The Board membership also includes the chairperson of the County Soil and Water
Conservation District's board of directors, a member of the Delaware County Board
of Supervisors, a county cooperative extension agent, the county planning director
and the county director of real property tax services.
New York State Agriculture & Markets Law dictates how appointments and term
renewals are handled. Any member of the board may be reappointed for a succeeding
four-year term on without limitations as to the number of terms the member may serve.
The County Agricultural and Farmland Protection Board serves two major functions:
the review of Delaware County?s State-Certified Agricultural Districts and the review
and recommendation of Notice of Intent (NOI) referrals. A NOI results when lands
any agency of the state, any public benefit corporation or any local government
which intends to acquire land or any interest therein, provided that the acquisition
from any one actively operated farm within the district would be in excess of one
acre or that the total acquisition within the district would be in excess of ten
acres, or which intends to construct, or advance a grant, loan, interest subsidy
or other funds within a district to construct, dwellings, commercial or industrial
facilities, water or sewer facilities to serve non-farm structures.
Agricultural data statement;
submission, evaluation. Any application for a special use permit, site plan approval,
use variance, or subdivision approval requiring municipal review and approval by
a planning board, zoning board of appeals, town board, or village board of trustees
pursuant to article sixteen of the town law or article seven of the village law,
that would occur on property within an agricultural district containing a farm operation
or on property with boundaries within five hundred feet of a farm operation located
in an agricultural district, shall include an agricultural data statement. The planning
board, zoning board of appeals, town board, or village board of trustees shall evaluate
and consider the agricultural data statement in its review of the possible impacts
of the proposed project upon the functioning of farm operations within such agricultural
district. The information required by an agricultural data statement may be included
as part of any other application form required by local law, ordinance or regulation