Brief Overview

An agricultural district in New York is defined as a geographic area which consists predominantly of viable agricultural land. The purpose of agricultural districts is to offer landowner’s benefits and protections to promote the continuation of farming and the preservation of agricultural land. The benefits that are offered by agricultural districts help to keep and maintain farming as a viable economic activity in the state of New York. As a result, land in active agricultural use is maintained. The Agricultural Districts Law encourages all state agencies to maintain the viability of farming within agricultural districts. The Agricultural Districts Law was created to help protect one the New York State’s most important environmental and economic natural resources, which is farmland.

Benefits

• Limits to Local Regulation - Local governments cannot enact any rules or regulations in agricultural districts that are overly burdensome to agriculture, making it difficult or impossible to continue with agricultural production
• Limits to Publicly Funded Construction and Eminent Domain Projects - If a governmental agency would like to perform certain construction activities or would like to acquire agricultural lands in an agricultural district, they must first go through a formal review process to determine the impacts of agriculture. A process is in place if unreasonable adverse impacts to agriculture would occur.
• Limits to Benefits Assessments - Local governments cannot charge benefit assessments, special ad valorem levies or other rates or fees to lands used primarily for agricultural production within an agricultural district.
• Discouragement of Private Nuisance Lawsuits - Property owners are notified at the time of sale that their property is within an agricultural district. Additionally, the State will determine what is considered a "sound agricultural practice." Sound agricultural practices cannot be considered a nuisance on lands within an agricultural district or on lands receiving an agricultural assessment.
• Consider Agricultural Impacts by All State Agencies - The Agricultural District Law ensures all State agencies seek to protect viable farmland.

Agricultural districts are not zoning districts and are separate from the agricultural assessment program.

Read more information on the benefits and protections that New York State Agricultural Districts provide on the NY's Agriculture & Markets website.

Process for the Annual Inclusion of Agricultural District Lands

Each county legislative body designates an annual thirty-day period during which qualified landowners may submit a request to be considered for inclusion to an existing agricultural district. For Cattaraugus County, the annual thirty-day period will be held January 2nd through January 31st for the year 2026. The requests from landowners to join an agricultural district are referred to the county Agricultural and Farmland Protection Board, as well as, a public notice and hearing. After referring the requests, the county legislative body determines whether the proposed inclusion of agricultural land should be accepted into an Agricultural District, or rejected. The county legislative body has no longer than one hundred twenty days from the close of the annual thirty-day period to accept or reject the requests for inclusion into an existing agricultural district. Per NYS AGML Section 303-B (Agricultural District Annual Inclusion) Law pertaining to the annual inclusion of parcels into the Certified Agricultural District

Process for the Agricultural District Eight-Year Review

Per New York State Agriculture and Markets Law Section 303-A, the Cattaraugus County Legislature is required to review an Agricultural District eight years after its creation and every eight years thereafter.

The eight-year review of Cattaraugus County Agricultural District 5 will take place in every municipality within the County, encompassing 239,537 acres. Cattaraugus County has designated July 1st through July 31st as the 30-day review period. Requests may be received no later than August 1st.

During this thirty (30) day period, any municipality, landowner, or State Agency whose territory is within the Agricultural District may propose a modification to the Agricultural District. Landowners may submit requests to add parcels of predominantly viable agricultural land or remove parcel(s).

History

The Agricultural Districts Law was created in 1971 to encourage the continued use of farmland for agricultural production.  The Program is based on a combination of landowner incentives and protections, all of which are designed to forestall the conversion of farmland to non-agricultural uses.  Benefits include protections against overly restrictive local laws, government funded acquisition or construction projects, and private nuisance suits involving agricultural practices.

Ag District Map

View the latest Composite Agricultural Districts Map

Landowner Request for Inclusion Form

Seeking inclusion into an agricultural district?

Submit a “Landowner Request for Inclusion” Form to the Cattaraugus County Department of Economic Development, Planning and Tourism by the January 31st deadline.

To request paper form, contact planning, or call 716-938-2387.