Sec. 371.8. Waiver

(a) The filing of preliminary and final notices of intent shall not be required for acquisitions of land or any interest therein, nor for any subsequent construction or advance of funds for construction subject to notice requirements by a project sponsor on the land previously acquired where the owner(s) of such land sign(s) a document waiving the notice requirements contained in paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law and provides a copy to the commissioner. All waivers shall be executed prior to undertaking the action and shall be provided to the commissioner as soon as possible thereafter. Waivers shall contain at least the following information:

Waiver

(I, we, the corporation) am/are/is the owner(s) of __ acres of active farmland and/or __ acres of non-farmland, situated at _______ (tax parcel ID #s, description in deed) which is proposed to be acquired by ________ in ____ County Agricultural District # _. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, (I, we, the corporation) hereby waive(s) (my, our, its) right(s) to require __________ (the party proposing the acquisition) to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law.

[Name, address and telephone

 

_____________

number - project sponsor]

 

(signature)

 

[Name, address and telephone

 

number - landowner(s)]

 

_____________

 

Date

[Individual Acknowledgment]

State of ____}

 

ss:

County of ____}

On the __ day of ____, 19 _, before me personally came _______ to me known, and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same.

 

_____________

 

[Signature, with name printed underneath]

 

Notary Public, No. ___

 

______ County.

[Seal]

[Corporate Acknowledgment]

State of ____}

 

ss:

County of ____}

On the __ day of ____ in the year __, before me personally came _______ to me known, who, being by me duly sworn, did depose and say that he/she resides at _____________; that he/she is the _________ [president or other officer or director] of the ________ [name of corporation], the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he/she signed his/her name thereto by like order.

 

_____________

 

[Signature, with name printed underneath]

 

Notary Public, No. ___

 

______ County.

[Seal]

(b) The execution and provision to the commissioner of a waiver or waivers for only a portion of the lands involved in a proposed action shall not eliminate the obligation of the State agency, public benefit corporation or local government proposing the action to file a preliminary and final notice of intent for those lands not covered by a waiver or waivers.

(c) The execution and provision to the commissioner of a waiver of the notice requirements in section 305(4) of the Agriculture and Markets Law for the acquisition of land or interest in land for any phase of a multiple stage action, shall not eliminate the obligation of the State agency, public benefit corporation or local government to file preliminary and final notices of intent for the acquisition of land or interest in land for those stages for which a waiver of the notice requirements has not been obtained.

(d) The execution and provision of a waiver or waivers by owners of land involved in a proposed action shall not eliminate the obligation of the State agency, public benefit corporation or local government proposing the action to use all practicable means in undertaking an action to realize the policy and goals set forth in Article 25-AA of the Agriculture and Markets Law, and to act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable farm enterprise or enterprises within the district, as required by section 305(4)(a) of the Agriculture and Markets Law.