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Committee hears questions about 'right to farm' protections in biosolids moratorium debate
Summary
Members discussed how New York's right‑to‑farm rules and case law (including Town of Wheatfield) could limit a local moratorium on biosolids; the attorney said state agencies have fact‑finding roles and legal risk should be weighed.
Committee members raised the county's adopted 'right to farm' policy and cited case law on how state agricultural protections can constrain local laws. One member asked whether the moratorium would run afoul of right‑to‑farm provisions and noted a past Town of Wheatfield decision as precedent.
The county attorney (Attorney (S3)) advised the committee that the New York State Department of Agriculture has specific responsibilities to make determinations where a local law may conflict with right‑to‑farm protections. The attorney recommended caution and suggested that memorializations urging state testing could be a parallel course while rulemaking proceeds.
