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Failing To Plant Cover Crops Could Mean Jail Time For East Hampton Farmers

National Resources Conservation Service New York / USDA
Planting of corn into a cover crop of barley.

East Hampton plans to fine or jail farmers if they don’t plant cover crops after a harvest. They want to prevent soil erosion and the open fields that can kick up dust storms.

Amagansett was hit by dust storm in January after fields were not secured for the winter. Farmers were behind schedule. 

Amagansett abides by East Hampton Town code.

The town board proposed a law that would institute fines of up to $2,500 or six months in jail if farmers didn’t take measures to protect against wind erosion.

Rob Carpenter, with the Long Island Farm Bureau, says farmers are often at nature’s mercy even if they plant a cover crop.

“If a farmer makes every attempt to be able to do the right thing, circumstances that are beyond their control should not be penalized, especially with jail time.”

The law is a zoning restriction that by default carries certain penalties.

Board member Jeff Bragman, who is a land-use attorney, says the town does not want to go after anyone in particular, they just want a way to respond to dust storms.

“When these dust storms occur, it’s an emergency situation, and we really need to get swift action on it. Frankly, it’s a little bit difficult to conceive of a regulation that doesn’t have an enforcement mechanism.”

The legislation is still under review. But many farmers say the penalties are too harsh.

Jay Shah is a former Long Island bureau chief at WSHU.