HomeMy WebLinkAboutAAC 2025-08-13AGRICULTURE ADVISORY COMMITTEE
August 13, 2025
In-PersonPresent:Evan Carpenter (chair), Doug Antczak, Steve Foote, Kim LaMotteAbsentees:Austin Beck, Brian MageeLiaisons:Jason Leifer (Town Supervisor), Craig Schutt (Conservation Board)Staff:Allison
Kjellander-Cantu (Deputy Town Clerk)
The meeting was called to order at 7:30p.m.
Farming and What Defines It
The purpose of this meeting is to address a recurring issue with animal confinement, particularly regarding properties claimingfarm exemptions. In April, a section on Deerhaven Drive
raised concerns among neighbors about the lack of specific local ordinances to control livestock running at large, especially from smaller, less traditional farms that might not qualify
for agricultural tax exemptions. K LaMotte identified a template outline of definitions and legal language from the Town of Colonie's animal confinement law (Section 305 of their agricultural
law) as a potential model for Dryden, providing a structured way to enforce rules with increasing penalties. Other related topics included difficulties in enforcing property line fencing,
the definition of a "farm" for tax purposes, and ongoing agricultural infrastructure projects in the area.
Roaming Livestock
There is a recurring issue with animals such as chickens, pigs, cattle, and other livestock, from properties not being properly confined and roaming onto neighbors' land. One specific
incident involves a property,which the owners refer to as a farm, where they raise animals, have an active website, and sell their products. However, their fencing is inadequate (they
built their fence out of palettes). The main concern is that theseproperty owners told a Code Enforcement Officer they are exempt from regulations. Participants emphasized that it doesn't
matter if it's a farm or not; keep your animals at home. The principle is that if they have a rogue animal, it needs to be contained. “The current situation only gives real farms a bad
reputation,” one member said.
Local Enforcement Authority and the Need for a New OrdinanceCode enforcement currently does not have anything to do about it because the Town doesn’t“have any law unless there's ananimal
abuse claim, as they must be confined, unless they have a dog that's running loose.” County animal control (SPCA)lacks specific roaming ordinances.The primary recommendation is to adopt
an ordinance like Section 305 of the Town of Colonie's agricultural law, which " spells out rules for animal confinement. This law gives it step by step. First, you receive a small fine,
followed by a larger fine, and then a still larger fine.The proposed law would ideally grant code enforcement the authority to act, rather than relying on animal control for issues beyond
dog control or abuse.
Defining "Farm" for Exemption and Enforcement
The definition of a "farm" is debated, especially concerning properties that "think they're a farm, but they don't meet that at all."For agricultural tax exemption, an income threshold
exists: "to be farm exempt on your tax, it's $10,000 income." There are also acreage requirements. "For horse boarding, it's 10 acres and $10,000 in income to get the ag exemption taxes."
These thresholds vary by type of farming.The issue highlights a gap where properties may claim farm status to avoid local regulations without meeting the true criteria for agricultural
operations, leading to neighborhood nuisances.
Property Line Fencing and Right to Farm vs. Neighborly Conduct
The wording of The Town of Colonies law suggests specific setbacks for housing livestock structures and enclosures: "Structures for housing or livestock must be located50 ft from any
property line. Must be fenced or otherwise enclosed 50 ft from the property line. This is problematic for some properties.“J Leifer mentioned that they would never meet that. “They have
their fence right on the line and with no intercarrier fence for the animals."The distinction was made between the "right to farm" and being a "polite neighbor." While a rooster crowing
on a farm in an "ag area" might be protected, "if the rooster is crowing while sitting on the neighbor's windowsill, that's different."The traditional expectation is that "If you're
polite, the neighbor comes over and says, 'Hey, you know what? I need your horse on your side of the fence. I don't like cleaning up after iton my lawn.'" However, this is not happening
with the problematic property.
Examples of Roaming Animals
Members shared personal experiencesthathad happened to them.
Chickens: "A place up the road from us that has some chickens, and all spring and early summer, they are always at the neighbors' around their flower beds."
Beef Cattle: A recent incident where two beef cows walked right past a group of steers, andcontinued walking south across Ferguson Road, and “they are still up in the hills or maybe
to Slaterville by now." They "went right through the high-tension wire and broke off posts." Another instance: cattle ended up down in the housing development, drinking out of somebody's
pool. And they called the cops."
Texas Longhorn Bull: A neighbor's bull "immediately came down and hopped into our fence with our cows because we had a few that were in heat."
Angora Goats: Mentioned in the context of keeping animals "on your property."
Ostriches/Emus: While not present, the Colonie’s law's applicability to such animals was noted, referring to a past instance of ostriches over in West Dryden" that "went miles."
Recommendations for Town Board and Next Steps
J Leifer will introduce the wording from the Town of Colonie's animal confinement law (specifically Section 305 of their agricultural law) to the planning director, the town's attorney,
and other relevant town officials.The goal is to propose an ordinance to enact something similar in Dryden, which would likely take several months to get through.The committee members
agreed that such an ordinance is needed and would be a sensible approach.
Code enforcement should continue to monitor and address issues with animal containment, even if the new ordinance takes time to implement.
There being no further business, on motion made by S. Foote and seconded by K.LaMotte, the meeting was adjourned at 8:26 p.m.
Respectfully submitted,
Allison Kjellander-Cantu
Deputy Town Clerk