DATED: 1992

County of Montgomery Local law no. 3 of the year 1992
A local law establishing a Montgomery County right to farm law
Be it enacted by the Board of Supervisors of the County of Montgomery as follows:
SECTION 1. Title
This Local Law shall be known as the Montgomery County Right to Farm Law.
SECTION 2. Legislative Intent and Purpose
It is the general purpose and intent of this Local law to maintain and preserve the rural tradition and character of the County of Montgomery in recognition of farming's substantial economic contribution to the County.
It also is the intent to permit continuation of the practice of farming within the County, to protect existence and operation of established farms and to encourage the initiation and expansion of farming practices.
In recognition of the many practices and activities inherent to, and necessary for, the practice of farming, it ish the specific purpose and intent of this Local Law to attain the aforementioned goals and objectives by providing that such practices and activities may proceed and be undertaken free of unreasonable and unwarranted interference of restrictions.
SECTION 3. Definitions.
(a) Unless specifically defined below, words or phrases used in this Local Law shall be interpreted so as to give them the meanings they have in common usage and to give this Loca} law its most reasonable application.
(b) "Farmer" shall mean any person, organization, entity, association, partnership or corporation engaged in the practice of agriculture, whether for profit or otherwise, including the cultivation of land, raising of crops, raising of livestock and the grazing of pasture.
(c) "Farmland" shall mean land used primarily for bona fide agricultural production of those items and products set forth in the Agriculture and Markets Law of New York, Section 301 .
SECTION 4. Right to Farm.
Farmers, and those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the County of Montgomery at such times and at such locations as are necessary to conduct the practice of farming.
Farming practices shall include any activity, now permitted by law, engaged in by a farmer, as defined herein, in connection with and in furtherance of the business of farming. Farming shall include production, collection, transportation, distribution and storage of farm products; collection, transportation, distribution and storage of animal waste; storage, transportation and use of equipment for tillage, planting and harvesting; transportation, storage and use of legally permitted fertilizers, lime and pesticides, all in accordance with local, state and federal law and regulations and in accordance with the manufacturer's instruction and warnings; and construction of farm structures and facilities as permitted by local and state building code regulation, including construction and maintenance of fences.
SECTION 5. Interference Prohibited.
(a) No person, group, entity, association, partnership or corporation will engage in any conduct, or act in any manner, to intentionally, knowingly, and deliberately interfere with, prevent, or deter the reasonable practice of farming within the County of Montgomery.
{b) Notwithstanding any other provision of this Local law, agricultural activities conducted on farmland, if consistent with recognized agricultural practices, and established prior to surrounding nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance, unless the activity has a substantial adverse effect on the public health and safety. No commercial agricultural or farming operation, place, establishment or facility shall be, or shall become a nuisance, as a result of changed conditions in or around the locality of such agricultural or farming operation, place or establishment.
SECTION 6. Construction with Other Laws
Provisions of this Local law are in addition to, and not in lieu of, all other applicable laws, rules and regulations, which are continued in full force and effect and unaffected by this Local Law.
Conversely, this Local Law is not intended to contradict or contravene any law, rule, regulation, restriction or proscription of the United States, State of New York, County of Montgomery, or municipalities within the County of Montgomery which may now or hereafter obtain.
SECTION 7. Severability Clause.
If any part of this Local law is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remainder of this Local Law.
SECTION 8. Effective Date.
This Local Law shall be effective immediately upon filing, pursuant to Section 27 of the Municipal Home Rule Law.
SECTION 9. Enforcement.
The provisions of this Local law may be enforced upon the complaint of any peace officer or other law enforcement agency, as those terms are defined in the Criminal Procedure Law of the State of New York, including the Office of the Sheriff of the County of Montgomery; enforcement being available in any court of authorized jurisdiction within the County of Montgomery. Enforcement proceedings shall also include the right of any complaining party to proceed by injunction or other appropriate proceeding in civil court.