Local Regulation of Equestrian Estates in Westchester

“The air of heaven is that which blows between a horse’s ears.” –Arabian Proverb

Westchester County, New York is highly regarded as one of the best places to live and breed horses. This is due in large part to the extensive riding trail system, open space and relative close proximity to New York City. When purchasing or improving a horse farm, however, it is important to note that in New York, local municipalities (i.e. Towns, Villages and Cities) have the authority to impose certain restrictions on land use pursuant to Article 2 of the New York Municipal Home Rule Law. Therefore, it would behoove property owners to gain an understanding of local zoning requirements before constructing or expanding a horse farm so as not to run afoul of local laws. See e.g. Village of Old Westbury v. Alljay Farms, 64 N.Y.2d 798 (1985)(property owner prohibited from operating commercial boarding and training facility on 16.9-acre property in violation of local zoning code requirements).

By way of example, the Town of Bedford, New York regulates the “keeping of animals” in §125-25 of its zoning code. On “conforming lots” in the R-2A and R-4A Districts, the maintenance of horses is permitted as an “accessory use,” subject (of course) to certain conditions. §125-25(B)(3). The term “horse” also includes a “pony, burro, donkey or mule.” See Definitions, Article 1 of the Bedford Zoning Code.

The conditions that must be met in order to board horses on conforming lots in the R-2A and R-4A Districts in Bedford are as follows:

(a) A minimum of two (2) acres is required for the first horse and one additional acre is required for each additional horse.

(b) Barns and manure storage areas must be located at least 50 feet from any property line and 150 feet from any existing residence. Fences and all exercise yards or pasture lands must be located at least five feet from each property line. Note that abutting lots with common ownership are considered a single lot for purposes of this section.

(c) All feed must be housed in rodent proof containers.

(d) The boarding of ten (10) or more horses on any property requires a special permit from the Planning Board. (See discussion of §125-78 below)

(e) Riding instruction is permitted, provided that no paid advertising is used and instruction is limited to a single pupil at a time. The term “paid advertising” does not appear to be defined.

(f) Commercial livery stables are not permitted.  However, a property owner seeking to operate a commercial livery stable in Bedford may be able to obtain a use variance. See our recent article entitled, “The Evidentiary Standard for Obtaining a Use Variance in New York,” published January 11, 2013.

Pursuant to §125-78 of the Bedford zoning code, in order to obtain a special use permit for boarding 10 or more horses, an applicant must satisfy requirements similar to the above and the Planning Board may specify “other requirements as applicable to the circumstances of a particular case.” Although this last requirement seems like an open-ended delegation of authority, New York State Town Law imposes certain limitations on the board’s authority to impose conditions to a special use permit. See our recent article entitled, “The Unique Attributes of a Special Use Permit,” published January 18, 2013.

It should be further noted that certain horse farms that do not meet the above requirements may be “grandfathered in” and hence permitted as pre-existing non-conforming uses. See our recent article entitled, “2012 Zoning Roundup,” published December 17, 2012.

Several towns in Westchester have enacted specific laws pertaining to riding academies and boarding horses.  See e.g. Code of North Salem, Section 250-72 (Riding Academies, Boarding Stables, Breeding Farms), see also, Town of Lewisboro Code, Section 220-23(A)(6)(Riding Academies). Certain Westchester County Department of Health rules may also apply.

Please do not hesitate to contact us at (914) 338-8050 us if you have any questions regarding keeping of animals, boarding and training horses, special use permits or variances.