HomeMy WebLinkAboutRight to Farm Brochure - 10-31-17 (2)Right to Farm Law The Town’s Agricultural Zone provides “right-to-farm” protections to farmers. The right-to-farm law aims to create a supportive environment for agriculture and to limit conflicts between farmers and their non-farming neighbors. It accomplishes this by notifying neighbors of sound agricultural practices and protecting farmers from unwarranted nuisance suits. Chapter 270. ZONING Article VI. Agricultural Zones § 270-39 Right to farm. Notwithstanding any other provisions of law, it being the intention of this section to supersede to the extent legally possible any prior statutory or court developed rule of law regarding nuisances or similar types of actions, on any land in an Agricultural Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death. Agriculture Committee The Agriculture Committee is a group of farm operations in the Town of Ithaca appointed by the Town of Ithaca Town Board. The purpose of the Agriculture Committee includes the following: Advising the Town Board regarding agricultural policy in the Town, Taking an active role in the implementation and review of the Town’s Agriculture and Farmland Protection Plan, Serving as a clearinghouse for relations between farm operations and the Town government, and Providing educational resources for farmers and Town residents and officials. For more information about agriculture in the town of ithaca Visit the Town website: www.town.ithaca.ny.us/agriculture-committee Town of Ithaca 215 North Tioga St Ithaca, NY 14850 www.town.ithaca.ny.us (607) 273-1721 October 31, 2017 Understanding the Town of Ithaca’s Right-to-Farm Law Town of Ithaca, NY
Farming in the Town Prior to World War II, agriculture was a major economic sector and the predominant land use in the Town of Ithaca. Although agriculture in the Town has declined since the end of World War II, it is still the predominant land use in the western part of the Town. Portions of South Hill are actively farmed, and Cornell University uses areas of East Hill for agricultural research and teaching. The 24 farms in the Town represent a diversity of enterprises, ranging from dairies, vineyards and wineries, direct-marketed produce (via farmers markets, U-pick tree fruit and vegetable crops, or roadside stands), field crops, forest crops, landscaping and nursery stock, Christmas trees, greenhouses, horses, beef, chickens, fiber products, hydroponic produce, orchards, Community Supported Agriculture (CSA), and even a “corn maze sound garden.” Farmland, and the farmers who work the land, enhance the quality of life for Town residents... Farm operations in the Town generate more than $4.4 million in annual sales, and employ at least 27 full-time, 39 part-time, and another 25 seasonal workers. Local farmers also contribute indirectly to the local economy through the purchase of equipment and supplies and through their relatively low demands on public infrastructure. Farmers enhance the rural character of the Town, which is enjoyed by Town residents and essential to the local tourism industry. Perhaps most importantly, farmers in the Town of Ithaca have established a tradition of stewardship of the land and its resources. Agricultural Zoning The purpose of the Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land and to maintain an open rural character to viable agricultural areas. The Town of Ithaca’s Agricultural Zone currently contains approximately 4,235 acres of land, or 24% of the total zoning. The primary intention of the zone is to permit usual acceptable farming practices, which may generate dust, odor, smoke, noise, and vibration. During growing seasons, farmers spend long hours in the fields. Machinery may be operated from early in the morning to late in the evening. Farm practices such as long hours, manure application, and crop management are essential to agricultural productivity, but may lead to conflicts with concerned neighbors. The Agricultural Zone includes a specific “right-to-farm” provision (Section 270-39 of Town Code) to protect farmers in the Agricultural Zone from nuisance suits brought by neighbors, provided that the farmer uses sound agricultural practices. The full text of this provision is included in this pamphlet. How Can I Be A Good Neighbor? Talk with your farm neighbors about your concerns. Refrain from unwarranted complaints about generally accepted farm management practices. If you are planning to hold a special event outside, notify farmers in advance. Ask if they are able to avoid unpleasant activities. Gain permission from farmers before entering their property so as to avoid damaging crops or disrupting operations. If you encounter farm machinery on the road, please be patient and share the road. Support your farm neighbors by purchasing local produce.