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Committee told right-to-farm law could limit local biosolids bans
Summary
Legislators were told existing right-to-farm protections and state agency determinations may block local bans on biosolids spreading; staff cited case law and said New York State Agriculture and Markets must rule on conflicts between local laws and right-to-farm protections.
During the April 27 special session, Legislator William Thew asked whether local action on biosolids would be constrained by right-to-farm protections. "What about right-to-farm?" Thew asked. Jack K. Wheeler, a county staff member, replied that "there is relevant case law of similar moratoriums that towns have filed" and that New York State Agriculture and Markets "has to make a determination whether a local law or restriction are a violation of the right-to-farm."
Wheeler said the county previously adopted a right-to-farm law and that, if a higher level of government approves spreading, farmers could obtain permits. The exchange framed a legal hurdle for any county ordinance that would attempt an outright ban; Wheeler recommended that the committee consider non-binding actions such as refreshed memorializing resolutions while the state rule-making proceeds.
