NEW SCOTLAND – Striving to preserve New Scotland’s rural character, the town board recently passed two new laws – a right-to-farm law, and a noise-control law.
The right-to-farm law says that "agricultural lands are irreplaceable assets and that farming is an essential activity."
The law, the fifth passed by the town board this year, was imposed to help "agriculture in general," said board member and New Scotland farmer, Douglas LaGrange.
LaGrange said that people move to areas like New Scotland for their rural appeal. "They don’t really realize that there’s dust, and noise, and smells, and slow traffic," he said.

The law aims to reduce nuisance lawsuits, LaGrange told TheEnterprise.

In other once-rural towns under development pressure like New Scotland, newcomers have sued farmers, sometimes putting them out of business.

LaGrange, along with Michael Mackey, the town’s attorney, drafted the 10-page law. The draft was brought to a public hearing, where, according to LaGrange, it faced some questions, but no real objections.
The law will require that new landowners be informed by the town of farming practices in the area. "The Town Board, in an affort to promote and foster a harmonious relationship between the residents of New Scotland, and to conserve, protect and encourage the development and improvements of agricultural land for the production of food and other products, hereby also declares that it shall be the policy of the Town of New Scotland to provide reasonable notice to prospective landowners that farming activities may occur and are encouraged on neighboring lands," the law states.

Two years ago, The Enterprise took an in-depth look at farms in New Scotland. The newspaper found that there were 17 farms left in the town. Some of the farmers specialize in crops, which they grow, harvest, and sell. There is also a horse farm, a large beef-cow farm, and two large-scale dairy farms.
In addition to New Scotland’s right-to-farm law, Albany County has drafted a right-to-farm law, said Alexander "Sandy" Gordon, county legislator for Berne, Knox, and Rensselaerville. Gordon said that a final draft will proceed to committee and then go to a vote. This is a "county initiative that I have been pursuing for a while," he said.
It is in "good sense to keep the farms tangible," LaGrange told The Enterprise.

Noise

The town board has also adopted a noise control law, the sixth this year. The law is identical to one that the village of Voorheesville implemented in 2002.
The law is "to prevent unreasonably loud, disturbing and unnecessary noise and to reduce the noise level within the Town so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the Town for the inhabitants thereof," the noise control law states.
According to Eileen Bates, a clerical assistant for the village of Voorheesville, "We don’t get that many complaints," she said of the four year-old village law, "So far it seems to be working well."

Mackey told The Enterprise that it is logical to have the same law applicable to the whole town.
The law defines "unreasonable noise" as "a noise which is of such character, intensity and duration, or of a type or volume, that a reasonable person of normal sensitivities would not tolerate under the circumstances."

Noise levels for motor vehicles, according to the law, are regulated by the New York State Vehicle and Traffic Law.
Animal noise in excess of 15 minutes that "causes unreasonable or unnecessary noise" is prohibited.

Noise from meeting halls or private residences that can be heard between the hours of 11 p.m. and 8 a.m. is also prohibited.
Noise resulting from construction, defined in the law as, "the erection, including excavation, demolition, alteration or repair of any building," is prohibited between the hours of 9 p.m. and 7 a.m.

The law is to be enforced by the town’s code enforcement officer, the county sheriff’s department, or the state police. Those found guilty of violating the law can be fined up to $250 for each offense.
LaGrange told The Enterprise that the right-to-farm law will supercede the noise-control law. He said that sometimes it is necessary for farmers to work late at night. "We don’t really enjoy working at 11:00 at night," he said. The weather determines when the work can be done, he explained.
Mackey told The Enterprise that the town is "hopeful that this will stop violations, which is the main purpose."