Tioga County Legislature announces 2025 annual agricultural district enrollment period

The Tioga County Legislature recently announced its 2025 annual agricultural district enrollment period, which will run from Jan. 2 through Jan. 31, according to Article 25AA, §303-B of the NYS Agriculture and Markets Law and Tioga County Legislature Resolution 296-03. During this time, any agricultural property owner may request inclusion of viable agricultural land not already included in a certified 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 includes agricultural parcels in the Towns of Richford, Berkshire, Newark Valley, and the Village of Newark Valley. The Spencer Agricultural District comprises 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 these districts may request to have their land included in these districts during this enrollment period. The property owner must demonstrate that the agricultural land is viable and actively being farmed. The property owner must also supply the owner’s name and tax map number of the property, and a description of the property, including its boundaries of the parcel. Only whole parcels are eligible for inclusion. 

The Tioga County Legislature must conduct a public hearing and officially adopt the addition of land requested for inclusion in certified agricultural districts by the end of April 2025.

This opportunity is solely for the inclusion of land in agricultural districts. Requests from existing agricultural district property owners to remove land from an agricultural district can only be addressed during the regular eight-year review periods. Tioga County Planning has been conducting a full eight-year review of the North Tioga Agricultural District, which started in September 2024. Any landowner who submitted information via the online survey earlier this fall does not have to request inclusion during this annual enrollment process in January 2025.

There are numerous benefits for farmers in including active farmland in a certified NYS Agricultural District, such as the following:

Right to Farm

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. If the Commissioner deems that the farming practice in question is sound, it is not considered a nuisance. The Commissioner investigates cases only for farm operations located within agricultural districts. Municipalities can also adopt their own right to farm local law.

Policy of Local Governments

When town or village boards develop local laws, plans, or ordinances, they must do so in a manner that supports the goals and policy of the Agricultural Districts law and does not unreasonably restrict or regulate farm operations within agricultural districts. The Commissioner of Agriculture and Markets will investigate complaints and is allowed to initiate legal action against local governments that do not adhere to this policy.

Farmland Restoration from Natural Gas Development Activities

The New York State Department of Agriculture and Markets, Division of Agricultural Protection and Development, can provide a 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 as access roads, well pads, and pipeline construction activities. The review includes construction stage mitigation and restoration measures, as well as post-construction (follow-up) recommendations on farmland impacts and corresponding rehabilitation measures.

Notice of Intent

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. The County Agricultural and Farmland Protection Board then has the responsibility to develop an Agricultural Data Statement, which details adverse impacts on farming, including the loss of viable agricultural land.

Tax Incentives

Finally, if agricultural land that has received 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.

The Tioga County Planning Department administers the Agricultural Districts program for the NYS Department of Agriculture & Markets. Therefore, if you have any questions about the agricultural district enrollment period, please contact Elaine Jardine, the County Planning Director, at (607) 687-8257, or email jardinee@tiogacountyny.gov for inquiries and information.