Article XIV, Section 4, of the New York State Constitution, added in 1970, provides that the policy of the state shall be to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products and states that the Legislature, in implementing this policy, shall include adequate provision for the protection of agricultural lands. In 1971, on the heels of that change to the Constitution, the New York Legislature enacted Article 25-AA of the Agriculture and Markets Law (AML) for the stated purposes of protecting, conserving, and encouraging “the development and improvement of [the state's] agricultural lands.”1

At that time, the Legislature specifically found that “many of the agricultural lands in New York” were “in jeopardy of being lost for any agricultural purposes” due to local land use regulations inhibiting farming, as well as various other deleterious side effects resulting from the extension of nonagricultural development into farm areas.2

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