N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.16

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-2.16 - Exhibit 15: Agricultural Resources

Exhibit 15 shall contain:

(a) An assessment within the study area, which shall include the following data sets and illustrations:

(1) Land in NYS Certified Agricultural Districts by tax parcel;

(2) Land receiving Real Property Agricultural Value Assessment by tax parcel;

(3) Municipal zoning districts or overlay zones including those designated for renewable energy;

(4) Most recent United States Department of Agriculture (USDA) National Agricultural Statistics Service (NASS) Cropland Data Layer (CDL), National Landcover Data Base (NLCD) data and/or the results of on-site surveys and mapping identifying plant communities and calculating percentages of agricultural land use compared to non-agricultural land uses (e.g., disturbed, developed, woodland/forested areas, successional non-agricultural areas, wetlands, etc.);

(5) Existing energy infrastructure and completed renewable energy facilities;

(6) Active agricultural businesses and/or facilities and all related infrastructure;

(7) Potential construction impacts and the methods available to facilitate farming activity during construction; and

(8) Temporary and/or permanent impacts to agricultural production areas within the proposed facility footprint (including all planned structures, fenced facility areas, etc.), and areas not feasible to continue farming.

(b) Maps showing the following within the study area:

(1) Field-verified active agriculture land use (including all lands involved in the production of crops, livestock and livestock products for three (3) of the last five (5) years);

(2) All agricultural production acreage proposed to remain in agricultural use;

(3) Any agreed upon landowner-imposed development restrictions (e.g., locations within the facility site on which the landowner will not allow facility development);

(4) Locations of known or suspected sub-surface drainage systems (including outlets), surface drainages, irrigation lines, or other unique agricultural facilities;

(5) USDA soil mapping for the facility site; and

(6) NYS Agricultural Land Classification Mineral Soil Groups 1 through 10 for impacted agricultural areas within the facility site.

(c) An Agricultural Plan, consistent with the New York State Department of Agriculture and Markets Guidelines (see sections 1100-15.1(l)(1)(i) and (ii) of this Part) to the maximum extent practicable, to avoid, minimize, and mitigate agricultural impacts to active agricultural lands (i.e., land in active agriculture production defined as active three (3) of the last five (5) years) within NYS Agricultural Land Classified Mineral Soil Groups 1 through 4.

(d) A remediation plan to address inadvertent damages to surface or sub-surface drainage, including:

(1) A demonstration of the likelihood of impacts to surface of subsurface drainage and how the interruption of drainage may impact farmland within and outside of the facility site; and

(2) An identification of methods of repair for damaged drainage features.

(e) Any agricultural co-utilization plan for the lifespan of the facility shall demonstrate that the proposed agricultural co-utilization will be feasible. The plan shall be assembled by a qualified or accredited third party agricultural professional. The plan should include an itemization of the investments made by the applicant to facilitate the agricultural co-utilization (e.g., grazing plan, planting pasture species, development of watering facilities, modified access for livestock trailers, panel spacing, additional fencing, access roads, gates, housing, etc.).

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.16

Transferred from 900-2.16 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024