ROOM AT THE TABLE - Intersight - University at Buffalo

Farmers are also able to enjoy real property tax relief, in the form of local
agricultural tax assessments, which helps to decrease some of the expenses
associated with running a business. All of these incentives serve to preserve
the agricultural economy across New York State.
B. Erie County Regulations and Laws
In addition to state regulations, Erie County has its own regulations
that govern food system participants. Relating to production, in 1999, Erie
County has passed a Right to Farm Law. In regards to food processing, the
Erie County Department of Health provides guidance, as dictated by the
New State Public Health Law. Also, the Department of Environment and
Planning has additional guidelines to guide participation in the food system.
In 1999, the Erie County Legislature adopted Local Law No. 1­1999,
also known as the “Erie County Right to Farm Law.” Effective January 1,
2000, the law was passed due to the importance of farming to Erie County
and the importance of maintaining a viable agricultural economy within the
County. The policy rationale guiding this law was the threat of nuisance
lawsuits stemming from agricultural operations, especially when nonagricultural
land uses extend into agricultural areas. 41 In order to achieve
and maintain such viability, farmers are afforded protection allowing them
the right to farm.
Section 4 of the law, the “Right to Farm Declaration,” grants farmers
the right to lawfully engage in agricultural practices within Erie County
at all times and all such locations as are deemed reasonably necessary to
conduct the business of agriculture. 42 In determining the reasonableness of
the agricultural practice, considerable weight is given to traditional customs
and procedures in the farming industry, as well as advances resulting from
increased knowledge and improved technologies. 43 All agricultural practices
are deemed to be in accordance with the public policy of Erie County if
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reasonable and necessary to the particular farm or farm operation and (ii)
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