Legislature announces annual agricultural district enrollment period 

The Tioga County Legislature recently announced the agricultural district enrollment period, which will run from Jan. 2-31. During this time, any agricultural property owner may request inclusion of viable land not already included in a certified New York State (NYS) Agricultural District. 

Tioga County has three agricultural districts that are made up of individual parcels or properties, but organized by municipal boundaries. The North Tioga Agricultural District contains parcels in the Towns of Richford, Berkshire, Newark Valley, and the Village of Newark Valley. The Spencer District contains agricultural properties in the Towns of Spencer, Barton, Candor, and Tioga. Third is the Owego / Nichols Agricultural District containing properties in those two towns. 

Any agricultural property owner in any of these three districts may request to have their land included in these districts during this enrollment period. The property owner must demonstrate that the land is viable or actively farmed. They must also supply the owner name and tax map number of the property and a description of the property, including the boundaries of the parcel. Only whole parcels are eligible for inclusion. 

The Legislature must hold a public hearing and officially adopt the land requested to be included in certified agricultural districts by the end of April 2020. 

There are many benefits to farmers to including active farmland in a certified NYS Agricultural District. Probably the most beneficial and well known is the Right To Farm. Under this section of the law, the Commissioner of Agriculture and Markets will investigate nuisance complaints against a farming operation.

When town or village boards develop local laws, plans or ordinances, they must do so in a manner that supports the goals and policies of the Agricultural Districts law and does not unreasonably restrict or regulate farm operations with agricultural districts. 

The NYS Department of Agriculture and Markets, Division of Agricultural Protection and Development can provide technical review and recommendations to participating landowners in the agricultural district program in an attempt to avoid or minimize agricultural impacts associated with natural gas development such access roads, well pads, and pipeline construction activities. 

Another benefit is that any public agency proposing a publicly funded residential, commercial, industrial or infrastructure project on or to acquire land within an agricultural district is required to file a Notice of Intent with the Commissioner of Agriculture and Markets. 

Finally, if agricultural land receiving an agricultural assessment is converted to a non-agricultural use, back taxes are owed for eight years. However, if the land is enrolled in an agricultural district, only five years of back taxes are collected. Additionally town boards can adopt resolutions authorizing agricultural assessments to be used for the assessment value, instead of full real property assessment for properties within agricultural districts, in benefited areas such as fire districts, ambulance districts, etc. 

For more information on the agricultural district enrollment period, contact Megan Griffiths, agricultural development specialist, by calling (607) 687- 8263, or by email to griffithsm@co.tioga.ny.us

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