N.Y. Comp. Codes R. & Regs. tit. 1 § 371.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 371.2 - Definitions

For the purpose of this Part:

(a) Acquisition means the act of vesting of title or right to land or interest in land.

(b) Action means:

(1) the exercise of the power of eminent domain to effect an acquisition, as that term is defined by Eminent Domain Procedure Law (EDPL) section 103(A), through the filing of an acquisition map pursuant to EDPL section 402, by a State agency, public benefit corporation or local government of:

(i) land in excess of one acre from any one actively operated farm located within an agricultural district; or

(ii) land in excess of 10 acres, located within an agricultural district; or

(2) the acquisition of land or any interest therein by a State agency, public benefit corporation or local government:

(i) in excess of one acre from any one actively operated farm located within an agricultural district; or

(ii) in excess of 10 acres, located within an agricultural district; or

(3) the advance of any amount of funds in any form including, but not limited to, a grant, loan or interest subsidy by a State agency, public benefit corporation or local government for the construction, within an agricultural district, of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures; or

(4) the construction by a State agency, public benefit corporation or local government, within an agricultural district, of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures.

(c) Actively operated means operated at any time during the preceding 12 months.

(d) Advance means any act by which a State agency, local government or public benefit corporation makes a transfer of funds or a binding commitment to transfer funds.

(e) Agricultural district means a district established pursuant to section 303 or 304 of the Agriculture and Markets Law.

(f) Agricultural resources means all natural resources on a farm, including but not limited to, soil and water resources used in the production of crops, livestock and livestock products.

(g) Agricultural setting means the type of farm enterprises, such as dairy, fruit, vegetable, field crop, livestock, poultry, nursery, horticulture, Christmas tree, greenhouse, or aquaculture; approximate size, in acres; and the diversity of agricultural products produced.

(h) Commercial or industrial facility means any type of facility to be used for:

(1) the sale, rental, provisions or distribution of goods, services or commodities, either retail or wholesale; or

(2) the manufacturing, production, assembly or processing of goods or materials of any kind or nature and shall include, but not be limited to, facilities related thereto for marketing, storage, warehousing, receiving and distributing, office operations, research and development and other types of support functions; or

(3) the disposal of any type of waste.

This term does not include facilities used primarily for the on-farm production, preparation and marketing of crops, livestock and livestock products.

(i) Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

(j) Department means the New York State Department of Agriculture and Markets.

(k) EDPL hearing means a hearing held pursuant to EDPL section 201.

(l) Farm means a farm operation as defined in section 301 (11) of the Agriculture and Markets Law.

(m) Farm enterprise means a farm business engaged in the production for sale of crops, livestock or livestock products, as defined in section 301 (2) of the Agriculture and Markets Law.

(n) Interest in land means any right, title or estate in land, and includes, but is not limited to, fee simple, options, leaseholds, easements and rights-of-way.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 371.2