Zoning Regulations & Farming
Local zoning laws and regulations determine how land can be used within a municipality. Depending on the laws in your area, these regulations may affect design, allowed businesses, and size limitations. This fact sheet provides resources and basic information concerning zoning and building codes that are specific to New York State.
Municipal Zoning Laws
If you plan to build a new farm facility, establish a retail farm outlet, add worker housing, add horse boarding/riding facilities, etc., check with your local municipality to find out which laws apply. Some common restrictions and requirements include: road setbacks, lot size, dimensions, signage size and placement, site plan requirements, screening, etc.
Farms located in certified agricultural districts are generally exempt from many local and some state regulations including SEQR (State Environmental Quality Review), some building codes, and from the need to provide professionally stamped plans for farm buildings, etc. Contact your county planning or assessment departments to see if the property of interest is in an agricultural district.
If you are located in an agricultural district and find local zoning to be excessively restrictive to your farm development plans, check the NYS Dept. of Agriculture & Markets website for information on local laws and the agricultural district law and how they relate. In many cases, the Agricultural District law protects farm operations from restrictive local laws.
A process exists by which you can request an opinion from NYS Dept. of Agriculture & Markets Agricultural Protection Program staff to make a determination if a local law is restrictive to farming. To do so, please contact your country district.
If you are not located in an Agricultural District then you must comply with local regulations.
Mail a Request for Review:
NYS Dept. of Agriculture & Markets Div. of Agricultural Protection & Development Services mailing address:
10 B Airline Drive
Albany, NY 12205
NYS Building Codes
Farm buildings are exempt from the building code for construction. To learn about whether or not your farm is exempt from the property maintenance and some fire safety code requirements, contact:
New York State Department of State Code Enforcement and Administration
One Commerce Plaza
99 Washington Ave, Suite 1160
Albany, NY 12231
Phone: 518-474-4073
Local Laws and Agricultural Districts: Guidance for Farmers and Local Governments
Agricultural Zoning Districts
An agricultural district is a geographic area which consists predominantly of viable agricultural land. In these districts, agricultural operations take priority in terms of land use. Interested landowners who, collectively, own 250 acres or more of the land proposed for a district, submit a proposal to their county legislative body. The county Agricultural and Farmland Protection Board and the county Planning Board review the proposal and make recommendations to the county legislative body. Once the county legislative body adopts the district plan, it is submitted to the Commissioner who then determines whether or not the proposed area consists predominantly of agricultural land. Farms located in certified agricultural districts are generally exempt from many local and state regulations. You can determine whether or not you are exempt by contacting your county planning or assessment department.Local zoning laws and regulations determine how land can be used within a municipality. Depending on the laws in your area, these regulations may affect design, allowed businesses, and size limitations. This fact sheet provides resources and basic information concerning zoning and building codes that are specific to New York State.
Municipal Zoning Laws
If you plan to build a new farm facility, establish a retail farm outlet, add worker housing, add horse boarding/riding facilities, etc., check with your local municipality to find out which laws apply. Some common restrictions and requirements include: road setbacks, lot size, dimensions, signage size and placement, site plan requirements, screening, etc.
Farms located in certified agricultural districts are generally exempt from many local and some state regulations including SEQR (State Environmental Quality Review), some building codes, and from the need to provide professionally stamped plans for farm buildings, etc. Contact your county planning or assessment departments to see if the property of interest is in an agricultural district.
If you are located in an agricultural district and find local zoning to be excessively restrictive to your farm development plans, check the NYS Dept. of Agriculture & Markets website for information on local laws and the agricultural district law and how they relate. In many cases, the Agricultural District law protects farm operations from restrictive local laws.
A process exists by which you can request an opinion from NYS Dept. of Agriculture & Markets Agricultural Protection Program staff to make a determination if a local law is restrictive to farming. To do so, please contact your country district.
If you are not located in an Agricultural District then you must comply with local regulations.
Mail a Request for Review:
NYS Dept. of Agriculture & Markets Div. of Agricultural Protection & Development Services mailing address:
10 B Airline Drive
Albany, NY 12205
NYS Building Codes
Farm buildings are exempt from the building code for construction. To learn about whether or not your farm is exempt from the property maintenance and some fire safety code requirements, contact:
New York State Department of State Code Enforcement and Administration
One Commerce Plaza
99 Washington Ave, Suite 1160
Albany, NY 12231
Phone: 518-474-4073
Local Laws and Agricultural Districts: Guidance for Farmers and Local Governments
Agricultural Zoning Districts
An agricultural district is a geographic area which consists predominantly of viable agricultural land. In these districts, agricultural operations take priority in terms of land use. Interested landowners who, collectively, own 250 acres or more of the land proposed for a district, submit a proposal to their county legislative body. The county Agricultural and Farmland Protection Board and the county Planning Board review the proposal and make recommendations to the county legislative body. Once the county legislative body adopts the district plan, it is submitted to the Commissioner who then determines whether or not the proposed area consists predominantly of agricultural land. Farms located in certified agricultural districts are generally exempt from many local and state regulations. You can determine whether or not you are exempt by contacting your county planning or assessment department.
