Referred to:  The Economic Development, Tourism, Housing, Planning and Transit Committee (Chairman Cahill and Legislators Archer, Corcoran, Delaune, Litts, Maio, and Uchitelle)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit Committee, Brian B. Cahill, and Deputy Chair Herbert Litts, III offer the following:

WHEREAS, consistent with § 303(b) of New York Agriculture and Markets Law (AML), Ulster County established an annual 30-day review period from March 1st to March 30th, for farmers to request the inclusion of additional lands in Agricultural Districts within Ulster County; and

WHEREAS, during the review period for 2021, 5 requests were submitted to the Ulster County Legislature, consisting of 7 parcels with a total of approximately 84 acres; and

WHEREAS, on May 10, 2021, the Chair of the Ulster County Legislature transmitted the requests for inclusion to the Agricultural Farmland Protection Board (AFPB) for their recommendations as required under § 303(b) of the AML; and

WHEREAS, the AFPB met and reviewed the requests on May 26, 2021, and after consideration of the factors required under § 303(b) of the AML, by a majority vote of its members, recommended the inclusion of additional lands in Agricultural Districts within Ulster County; and

WHEREAS, the Agricultural and Farmland Protection Board has filed this recommendation and supporting documentation with the Clerk of the Ulster County Legislature, thereby fulfilling its obligations under § 303(b) of the AML;;and

WHEREAS, the Ulster County Legislature held the required public hearing on June 15, 2021 with no public comments made at the hearing and no written comments filed as part of the hearing’s official record; and

WHEREAS, the addition of lands to Agricultural Districts with respect to the State Environmental Quality Review Act (Part 617 NYCRR) are considered an Unlisted Action and an Environmental Assessment Form has been completed and filed with the Clerk of the Legislature; now, therefore be it

RESOLVED, that the Ulster County Legislature finds, after review of the Environmental Assessment Form and the recommendations of the Agricultural Farmland Protection Board, for the inclusion of lands within agricultural districts, as filed with the Clerk of the Legislature, that no significant adverse environmental impacts will occur as a result of this action and a Negative Declaration is adopted under NYCRR Part 617.7 (SEQRA); and, be it further

RESOLVED, that the Ulster County Legislature adopts the recommendations of the AFPB as filed with the Clerk of the Ulster County Legislature, which includes the placement of additional lands within existing agricultural districts in Ulster County totaling 7 parcels and approximately 84 acres; and, be it further

RESOLVED, that the Clerk of the Ulster County Legislature shall submit this resolution, a copy of the AFPB report and other material as required under Agriculture and Markets Law Article 25-AA – Agricultural Districts, to the Commissioner of Agriculture, and request that the Commissioner certify the inclusion of these lands in an agricultural district if feasible and in the public interest,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                        NOES:      

Passed Committee: Economic Development, Tourism, Housing, Planning and Transit on _______________.

FINANCIAL IMPACT:

NONE