N.J.A.C. 2:76 — STATE AGRICULTURE DEVELOPMENT COMMITTEE (Subchapter 1 to 27)

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural management practices" means practices which have been recommended by the State Agriculture Development Committee, and adopted pursuant to the provisions of the Administrativ…

§ 2:76-2.10 - Reserved Notes N.J. Admin. Code § 2:76-2.10

(a) The Committee at its initiative may recommend agricultural management practices. (b) Any person or organization may request the Committee to recommend agricultural management practices. (c) In considering agricultural management practices, the Committee may consult with the f…

(a) In counties where a board exists, a commercial farm owner or operator that meets the eligibility criteria pursuant to N.J.S.A. 4:1C-3 and 9 may submit an application to the board to determine if his or her operation constitutes a generally accepted agricultural operation or p…

(a) In counties where a board does not exist, a commercial farm owner or operator that meets the eligibility criteria pursuant to N.J.S.A. 4:1C-3 and 9 may submit an application to the Committee to determine if his or her operation constitutes a generally accepted agricultural op…

(a) Owners and operators of commercial farms are afforded benefits and protections pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., P.L. 1983, c.31, as amended. (b) The failure of a commercial farm owner or operator to comply with an agricultural management practice re…

The Committee shall upon a finding of conflict between the regulatory practices of any State instrumentality and the agricultural management practices recommended by the Committee, commence a period of negotiation not to exceed 120 days with the State instrumentality in an effort…

(a) Any person aggrieved by the operation of a commercial farm shall first file a complaint, in writing, with the applicable board or with the Committee in counties where no board exists, prior to filing an action in court. The complaint shall include detailed facts concerning th…

(a) The Committee and county agriculture development boards shall follow the procedures set forth in this section for cases arising from the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. and the Right to Farm rules set forth at N.J.A.C. 2:76-2, 2A, and 2B. (b) The procedures set for…

Notes N.J. Admin. Code §§ 2:76-2.9 through 2:76-2.10 Recodified to N.J.A.C. 2:76-2.7 by R.2014 d.057, effective 4/7/2014. See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a). Section was "Negotiation of conflicts between any person aggrieved by the operation of a commercial farm".

This subchapter sets forth State Agriculture Development Committee rules which provide for a landowner, or a farm operator as an agent for the landowner, whose land is within a permanent farmland preservation program, to apply for and receive grants for farmland stewardship proje…

(a) The certified list of technical consultants shall be divided into their categories of specialization. (b) Subject to N.J.A.C. 2:76-20.1 1, technical consultants shall be selected and assigned to technical teams on a rotating basis from the certified list. 1. In the event the …

(a) Upon approval of the feasibility plan application by the Committee, the Committee shall select a lead coordinator from the certified list, to assist in the assemblage of the technical team. (b) The Committee, with the approval of the applicant and the lead coordinator, shall …

(a) The lead coordinator shall be responsible for the following: 1. Assisting the Committee in the coordination of the technical team; 2. Reviewing the feasibility plan application prior to attending the orientation meeting; and 3. Attending an orientation meeting at the farm wit…

(a) Technical consultants shall be responsible for the following: 1. Reviewing the feasibility plan application prior to attending the orientation meeting; and 2. Attending an orientation meeting at the farm with the applicant. (b) Technical consultants shall assist in the prepar…

(a) The Committee shall coordinate an orientation meeting with the applicant and the technical team at the preserved farm. (b) If the technical team determines after the orientation meeting that the potential exists for the viability of the farm to be improved, a feasibility plan…

(a) The Committee shall review the feasibility plan for program conformance pursuant to this subchapter. (b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall approve or conditionally approve the feasibility plan…

(a) Applicants shall notify the Committee in writing of their desire to implement a project as recommended in the approved feasibility plan. (b) The Committee shall approve the implementation of projects for agricultural use that are eligible for grant awards. Eligible projects i…

(a) The Committee shall evaluate implementation projects based on whether the projects will promote the long-term viability of the preserved farm as well as agriculture as an industry in the State. (b) The Committee shall evaluate implementation projects based upon the following …

(a) Project implementation shall commence within six months of funding approval or the application may be cancelled unless the farmer submits a request for extension, in writing, to the Committee, providing reasons for such extension. In no case shall such extensions be granted f…

(a) Every lead coordinator and technical consultant retained by the Committee shall enter into a consultant agreement with the Committee setting forth the terms and conditions for the technical services to be provided for each feasibility plan. (b) Lead coordinators and technical…

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural use" means the use of land for common farmsite activities including, but not limited to: 1. Production, harvesting, storage, grading, packaging, processing and the wholesale…

(a) Upon project completion, the applicant shall notify the Committee and request payment on a payment claim voucher form authorized by the Committee. (b) The payment request shall be accompanied by the completed payment claim voucher, itemized bills, and related documentation th…

(a) If the Committee determines that an applicant fails to comply with the provisions for maintenance of the project, the Committee shall advise the landowner of required corrective measures. (b) The landowner shall not be liable for inadequate maintenance or destruction of a pro…

(a) The Committee shall retain copies of application forms, feasibility plans, performance reports, and all other related information pertaining to the applicant and approved projects for a period of eight years. (b) All application forms, feasibility plans, performance reports, …

(a) Any landowner enrolled in a farmland preservation program is eligible to apply for State funding assistance for farmland stewardship cost-share projects approved by the Committee and promulgated in this subchapter, provided he or she is an established farmer. (b) Implementati…

(a) Grant amounts available to established farmers shall be in the form of a 50 percent matching grant, with 50 percent of the cost associated with the project provided by the established farmer. (b) Grant amounts available to established farmers shall be based on common deed own…

(a) An applicant agrees that, as a condition of approval for a farmland stewardship cost-share grant, a feasibility plan shall be prepared by a team of technical consultants. (b) An applicant shall apply directly to the Committee for up to 50 percent of the cost of implementing a…

(a) The Committee shall notify the applicant in writing of its receipt of the feasibility plan application. (b) If the Committee makes an initial determination that the feasibility plan application is ineligible due to non-conformance with the provisions of this subchapter, the C…

(a) Following Committee coordination with other cost-share programs, the Committee shall review the feasibility plan application for program conformance. (b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall appr…

(a) The Committee shall evaluate feasibility plan applications based on whether the feasibility plan will promote the long-term viability of the preserved farm. (b) The Committee shall evaluate applications from established farmers based upon the following factors: 1. The educati…

(a) Persons interested in becoming technical consultants shall contact the Committee in writing. (b) In order to be qualified as a technical consultant, each candidate shall submit to the Committee a resume reflecting their years of employment experience, education (including con…

This subchapter establishes a program to provide matching grants to county agriculture development boards (boards) for the administration of the development easement acquisition program (N.J.A.C. 2:76-6) and the planning incentive grant program (N.J.A.C. 2:76-17) subject to avail…

As used in this subchapter, the following words and terms shall have the following meaning: "Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-17. "Farm…

(a) To be eligible for a grant, a board shall have already completed a farmland preservation plan or shall agree to complete a farmland preservation plan within six months of the Committee's approval of a grant request. 1. The farmland preservation plan shall be updated annually …

Grants shall be used for creating and filling staff positions that were created subsequent to January 2001 solely for generating and processing applications under the development easement acquisition program and the planning incentive grant program. Notes N.J. Admin. Code § 2:76-…

(a) Grant amounts shall be 50 percent of the cost of creating and filling new staff positions. Cost shall be limited to the following: 1. Salary; and 2. Fringe benefits. (b) A grant shall not exceed $ 20,000 per county. Notes N.J. Admin. Code § 2:76-21.5

(a) A county shall obtain grant application forms from the Committee. (b) Completed application forms shall be submitted to the Committee by January 17, 2002, for fiscal year 2002 and by April 1 for future grant requests. (c) The application form shall request the following infor…

(a) The Committee shall determine the priority of allocating grants to counties according to the following factors:1. Priority shall first be given to counties that have the most agricultural lands to potentially be preserved, indexed to the county in the State with the most agri…

(a) A Board that has received a grant shall provide the Committee with an annual performance review of each new staff person that was funded with the grant indicating the benefits and accomplishments resulting from the position. (b) Annual performance summaries shall be filed wit…

This subchapter applies to the issuance of any special permit pursuant to N.J.S.A. N.J.S.A. 4:1C-32.1 to allow a rural microenterprise activity to occur on qualifying land. Notes N.J. Admin. Code § 2:76-22.1 Amended by 50 N.J.R. 1343(b), effective 6/4/2018

(a) The placement of signs on the premises for purposes related to the rural microenterprise activity is prohibited except for the following: 1. Directional signs indicating where persons visiting the rural microenterprise activity should drive and/or park; 2. One flush-mounted s…

The Committee shall periodically monitor rural microenterprise activities and shall be permitted to access and enter upon, the premises at all reasonable times for the purpose of inspection and to ensure compliance with a special permit and this subchapter. Notes N.J. Admin. Code…

(a) The Committee may delegate to its Executive Director, by resolution, the authority to review and approve an application for a special permit, but only in cases where: 1. The Committee has not received comments from the board or qualifying nonprofit organization concerning any…

(a) The Committee may suspend, revoke, or deny a special permit on qualifying land for a violation of N.J.S.A. 4:1C-32.1, this subchapter, N.J.A.C. 2:76-22A, any term or condition of the special permit, or any term or condition of the deed of easement encumbering the qualifying l…

(a) The Committee shall submit a report every two years to the Governor, President of the Senate, the Speaker of the General Assembly, the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment and Energy Committee, the Assembly Agriculture and Na…

The purpose of this subchapter is to establish the process for any person who owns qualifying land from which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization to apply for a special permit, pursuant …