§ 31-i. Use of state or municipally owned land for community gardens. 1. Any state agency or municipality with title in fee or of a lesser interest to vacant public land may permit community organizations to use such lands for community gardening purposes. Such use of vacant public land may be conditioned on the community organization possessing liability insurance and accepting liability for injury or damage resulting from use of the vacant public land for community gardening purposes.

Terms Used In N.Y. Agriculture and Markets Law 31-I

  • Community garden: shall mean public or private lands upon which citizens of the state have the opportunity to garden on lands which they do not individually own. See N.Y. Agriculture and Markets Law 31-G
  • Municipality: shall mean any county, town, village, city, school district, board of cooperative educational services, other special district, or any office or agency thereof. See N.Y. Agriculture and Markets Law 31-G
  • State agency: shall mean any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation of which any member of whose board is appointed by the governor. See N.Y. Agriculture and Markets Law 31-G
  • Use: shall mean to avail oneself of or to employ without conveyance of title gardens on vacant public lands by any individual or organization. See N.Y. Agriculture and Markets Law 31-G
  • Vacant public land: shall mean any land owned by the state or a public corporation including a municipality that is not in use for a public purpose, is otherwise unoccupied, idle or not being actively utilized for a period of at least six months and is suitable for garden use. See N.Y. Agriculture and Markets Law 31-G

2. State agencies and municipalities which have received an application for use of public lands for community garden purposes shall respond to the applicant within thirty days and make a final determination within one hundred eighty days.