[HISTORY: Adopted by the Town Board of the
Town of Newstead as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-14-2008 by L.L. No. 1-2008]
This article shall be known as Local Law No.
5 of the Year 2007 entitled "Right to Farm Law of the Town of Newstead."
The Town Board of the Town of Newstead finds,
declares and determines that farming is important to the Town of Newstead
because it provides employment for agri-services, provides locally
produced fresh commodities, promotes economic stability, maintains
open space, promotes environmental quality and does not increase the
demand for services provided by local governments. In order to maintain
a viable farming economy in the Town of Newstead, farmers must be
afforded protection allowing them the right to farm. When nonagricultural
land uses extend into agricultural areas, agricultural operations
may become the subject of nuisance suits. As a result, agricultural
operations are sometimes forced to cease operations or are discouraged
from making investments in farm operations. Chapter 797 of the Laws
of 1992 of the State of New York and the right-to-farm legislation
previously adopted by the County of Erie provide an important foundation
for achieving the right to farm protection sought by the Town Board
of the Town of Newstead. In order to address the unique circumstances
facing agriculture in the Town of Newstead, it is necessary to provide
for a more comprehensive local right to farm protection as provided
by this article.
On any land which may be lawfully used for agricultural
purposes in the Town of Newstead, whether or not it is located in
an agricultural district, an agricultural practice shall not constitute
a public or private nuisance, 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 under § 308 of the New York State Agriculture and
Markets Law. Nothing in this article shall be construed to prohibit
an aggrieved party from recovering damages for bodily injury or wrongful
death.
