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If neighbors are still not satisfied, they can send a written. request outlining their concerns to the Agriculture and Markets corninissioner. With the permission and. cooperation of the fanner in- volved, the commissioner will investigate the situation (.and may solicit opinions from agri- cultural experts) before deciding whether the practice is sound. Each decision is made on a farm -by- farm, case -by -case basis. The commis- sioner follows four guidelines when making a determination: 1 the practice must be legal 1 the practice niust not cause bodily harm or property damage off the farm 1 the practice should achieve the results intend- ed in a reasonable and supportable way 1 the -practice should he necessary for contin- ued operation of the farm. .Public nuisance claims are another matter. The Agricultural Districts Law does not explic- itly protect farms from a- claim of public nui- sance. I {arm practices that pose a safety or health hazard to the community may wind tip in court if a government entity is willing to bring charges against the farmer. Local politics often affect the course of public nuisance com- plaints. "Have you noticed the number of kids who get sick every spring? I'll bet it has something to do with the farm outside of town." "147e'll just pass a law that says farmers can't raise pigs. If that doesn't work, we'll go to the 22 local prosecutor. She's usually sensitive to the farmers' view, but this tiTne we'll apply a little pressure and maybe she'll go to bat for us." Not so fast. Section 305 -a of the Agr.icu.ltural Districts Law, and Section 283 -a of Town. Law and Section 7 -739 of Village -Law, set limits on local government actions. These sections pro- tect farming by prohibiting local governments from enacting and administering comprehen- sive plans and ordinances that would unreason - ably restrict farm operations in an agricultural district. The Agriculture and Markets commis- sioner would have to make a clear determina- tion that such ordinances would eliminate a threat to the public's health or safety before any restrictive laws could tape effect. "What gives Albany the authority to tell us what to do? " In. recent years, application of Section 305 -a has raised questions about the extent to which farm practices are protected in agricultural districts. "'I lome rule„ is a strong governing principle in New York State. Counties, towns, and villages have broad powers to enact laws governing their own affairs. Home rule is exercised under the Agricultural District Law when a county legislature first votes -to participate and then renews its agricultural district every 8, 12, or 20 years. Section 305 -a, however, is one example in which state law restricts local government authority. Several times in the past few years, local efforts to address complaints about farms, particularly those concerning, size, odor, and manure handling, have been overridden by this section. of state law.