New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 1. Department of Agriculture and Markets |
Chapter IX. Agricultural Districts |
Part 371. Notice of Intent |
Sec. 371.11. Certification
Latest version.
- (a) Pursuant to section 305(4)(g) of the Agriculture and Markets Law, the agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the requirements of section 305(4) of the Agriculture and Markets Law have been met, and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent process will be minimized or avoided.(b) The certification shall be provided by the agency, corporation or government and shall be signed by the individual or individuals authorized to act on behalf of the agency, corporation or government. It shall set forth the reasons in support of the finding by the agency, corporation or government (e.g., needs and benefits, assessment of anticipated agricultural impacts, assessment of alternatives, proposed mitigation measures—including adoption of construction standards and/or guidelines recommended by the department, and discussion of existing laws, programs and policies which help sustain viable farm enterprises within the agricultural district).