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

(a) When reviewing a special permit application, the Committee shall determine whether the application meets the following criteria: 1. The premises meets the definition of "commercial farm" set forth in this subchapter; 2. The applicant is a farmer; 3. The premises meets the def…

(a) If a board or a qualifying tax exempt nonprofit organization is the grantee of the development easement, the Committee shall provide the grantee with a copy of the complete application for a special permit. (b) Within 30 days after receipt of a copy of the complete applicatio…

(a) The Committee, if the development easement is held by the Committee or a board, shall review an application and, in its sole discretion, may issue a special permit pursuant to N.J.S.A. N.J.S.A. 4:1C-32.1 and this subchapter. (b) If a development easement is held by a qualifyi…

(a) No more than one special permit for a rural microenterprise activity shall be valid at any one time for use on the premises. (b) No special permit shall be valid for more than 20 years unless an application for renewal is approved by the Committee.1. Renewal of a special perm…

The purpose of this subchapter is to determine if improvements and repairs to structures substantially altered or finished to support a rural microenterprise activity allowed on preserved premises pursuant to N.J.A.C. 2:76-22ar e compatible with the agricultural character of the …

As used in this subchapter, the following words and terms shall have the following meanings: "Associative historical value" means a building, structure, or real property associated with events that have made a significant contribution to the broad patterns of history or associate…

(a) All exterior improvements and repairs to residential and agricultural structures and their curtilage supporting the rural microenterprise shall be compatible with the agricultural character of the premises and surrounding agricultural landscape and shall not diminish the hist…

(a) For any project where improvements and/or repairs up to 2,500 square feet of interior space are proposed to alter or finish a structure to support the rural microenterprise, any or all of the following project components shall be evaluated pursuant to N.J.A.C. 2:76-22A.3: 1. …

(a) The following activities do not require a Determination of Compatibility from the Committee whether they are proposed at the time of application for the special permit or occur after the special permit has been issued: 1. Changes to interiors exclusively for agricultural purp…

(a) For any project where improvements or repairs over 2,500 square feet of interior space are proposed to alter or finish a structure to support the rural microenterprise, the structure must be designated a heritage farm structure in accordance with N.J.A.C. N.J.A.C. 2:76-22A.7.…

(a) Upon receipt of an application for a special permit for a rural microenterprise where improvements or repairs over 2,500 square feet of interior space are proposed to alter or finish a building or structure to support the rural microenterprise, the Committee shall utilize the…

(a) Upon receipt of an application for a special permit for a rural microenterprise in which more than 2,500 square feet of interior space of a heritage farm structure is proposed to be altered or finished, up to 100 percent of interior space of a heritage farm structure may be a…

(a) If the protected features are damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casualty, the owner shall notify the Committee in writing within 10 days of the damage or destruction, with such notice describing what, if any, emergency wo…

This subchapter applies to the issuance of any special permit pursuant to N.J.S.A. 4:1C-32.2, to allow a personal wireless service facility to be erected on land on which a development easement was conveyed to, or retained by the Committee, a board, or a qualifying tax exempt non…

(a) The owner of the development easement on the premises on which a special permit was issued by the Committee shall monitor the personal wireless facility annually to ensure compliance with the special permit. 1. A written report with photographs confirming the onsite inspectio…

(a) The Committee may suspend or revoke the special permit for a violation of N.J.S.A. 4:1C-32.2, this subchapter, or any term or condition of the special permit, if it owns the development easement on the farm. (b) The Committee may suspend or revoke the special permit on a farm…

(a) Any applicant or permit holder who is aggrieved by an action of the Committee regarding a permit or renewal application or the suspension or revocation of a permit may submit a written request to the Committee for a hearing. 1. A request for a hearing shall be sent to the Com…

(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 Committee, the Assembly Agriculture and Natural Resou…

The purpose of this subchapter is to establish the process for any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to N.J.S.A. 4:1C-32.2, to apply for a specia…

As used in this subchapter, the following words and terms shall have the following meanings: "Application" means a request for a special permit to allow for erection of a personal wireless service facility as detailed in a standard form adopted by the Committee. "Board" means a c…

(a) Any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N…

(a) Any person who meets the qualifications contained in N.J.A.C. 2:76-23.4 may apply for a special permit for the erection of a personal wireless service facility by simultaneously submitting an application to the owner of the development easement and to the Committee. The appli…

(a) When reviewing special permit applications, the Committee (or Committee and easement holder jointly) shall determine whether the application meets the following criteria: 1. The premises meets the definition of "commercial farm" set forth in this subchapter; 2. No other speci…

(a) A board or a qualifying tax exempt nonprofit organization as the owner of a development easement shall review an application for a special permit pursuant to N.J.A.C. 2:76-23.6 and N.J.S.A. 4:1C-32.2. (b) The board or qualifying tax exempt nonprofit organization shall confirm…

(a) The Committee, as the owner of a development easement, shall review an application and in its sole discretion may issue a special permit pursuant to N.J.S.A. 4:1C-32.2 and this subchapter. (b) If a development easement is owned by a board or qualifying tax exempt nonprofit or…

(a) No more than one special permit for a personal wireless service facility shall be valid at any one time for use on the premises. (b) The standard duration of a special permit approved by the Committee shall not exceed five years. 1. A special permit may be approved for a dura…

This subchapter applies to the construction, installation, operation, and maintenance of solar energy facilities on a preserved farm for purposes of generating solar energy to provide power or heat to the farm, reduce the farm's energy costs, or alternatively to afford a limited …

The Committee may suspend or revoke an approval for solar energy facilities for a violation of N.J.S.A. 4:1C-32.4, this subchapter, or any term or condition of the approval. Notes N.J. Admin. Code § 2:76-24.10

(a) Any farm owner who is aggrieved by an action of the Committee regarding an application or suspension or revocation of an approval may submit a written request to the Committee for a hearing. 1. A request for a hearing shall be sent to the Committee within 20 days of receipt o…

The purpose of this subchapter is to establish the process for the Committee to review an application submitted by any person intending to construct, install, and operate solar energy facilities on a preserved farm for the purpose of generating solar energy to provide power or he…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Agreement" means a legally binding written document between the landowner(s) and the board in the case of a farmland preservation program…

(a) Any person who owns a farm may submit an application to the Committee for the construction, installation, operation, and maintenance of solar energy facilities (facilities) on the farm provided that: 1. The facilities will not interfere significantly, as set forth in N.J.A.C.…

(a) Any person who owns a farm may apply for approval to construct, install, operate, and maintain a solar energy facility by submitting an application to the Committee. The application shall include the following information and documents: 1. A copy of the recorded deed showing …

(a) When reviewing an application, the Committee shall determine whether the application meets the following criteria:1. Factors for determining if the solar energy facilities, structures, and equipment interfere significantly with the use of the land for agricultural or horticul…

(a) The Committee shall determine whether an application is complete pursuant to N.J.A.C. 2:76-24.5. 1. Once the Committee determines an application is complete: i. If the development easement is owned by a board or qualifying tax-exempt nonprofit organization, the Committee shal…

The board or qualifying tax exempt nonprofit organization shall provide any comments on the application to the SADC within 30 days from the date of the Committee's notice. Notes N.J. Admin. Code § 2:76-24.8

(a) Within 90 days from determination of a complete application, the SADC shall approve, approve with conditions, or disapprove the application. 1. The Committee's decision shall consider the factors in N.J.A.C. 2:76-24.6 and any substantive, objective issues raised in comments b…

This subchapter applies to premises subject to farmland preservation deed restrictions recorded pursuant to the Agriculture Retention and Development Act, P.L. 1983, c. 32 (N.J.S.A. 4:1C-11 et seq.), and enrolled in the State's farmland preservation program. Notes N.J. Admin. Cod…

(a) A baseline soil disturbance map of each premises shall be established by the Committee. (b) For farms preserved prior to October 1, 2024, written notice of the baseline soil disturbance map shall be provided by the Committee to the grantor by certified mail, return receipt re…

The grantee and/or the Committee, upon a finding that the owner of the premises has violated this subchapter, may pursue remedies available at N.J.S.A. 4:1C-33 and the deed of easement pursuant to N.J.A.C. 2:76-6.15. Notes N.J. Admin. Code § 2:76-25.11 Adopted by 57 N.J.R. 345(a)…

(a) Requests for reconsideration and for hearings shall be, in writing, and addressed to: State Agriculture Development Committee, PO Box, 330, Trenton, NJ 08625-0330. (b) All hearings pursuant to applicable provisions at N.J.A.C. 2:76-24.5 through 25.10 shall be held by the Comm…

(a) The Committee may delegate to its Executive Director, by resolution, any action of the Committee required pursuant to this subchapter, except for a hearing as set forth at (b) below. (b) Any applicant aggrieved by the decision of the Executive Director shall be entitled to a …

Should any section, subsection, sentence, clause, phrase, or term of this subchapter be declared void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction, such a declaration shall not affect the validity of t…

The purpose of this subchapter is to define what activities on the premises constitute soil disturbance and to establish a soil disturbance limitation. Exceeding the soil disturbance limitation established in this subchapter shall constitute a violation of the deed of easement, w…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Actively cropped" means land on portions of the premises that is available for agricultural use and production where the following apply:…

(a) The following agricultural practices shall not constitute soil disturbance for purposes of determining compliance with the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5, and shall be considered exempt agricultural practices: 1. Cranberry bogs/beds; 2. Deep tilla…

(a) Only activities authorized pursuant to the deed of easement may count as permissible disturbance for purposes of this section. Other disturbance associated with activities that are determined by the Committee to constitute impermissible activities pursuant to the deed of ease…