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

(a) A grantor may complete a certified soil rehabilitation project pursuant to this section and N.J.A.C. 2:76- 25A.7 for purposes of rehabilitating disturbed soils, so that they no longer count towards the soil disturbance limit established pursuant to N.J.A.C. 2:76-25.5. (b) The…

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.). Notes N.J. Admin. Code § 2:76-25A.1 Adopted by 57 N.J.R. 345(a), effective 2/18/…

The purpose of this subchapter is to promulgate technical standards necessary for exemptions and soil rehabilitation as set forth at N.J.A.C. 2:76-25. Notes N.J. Admin. Code § 2:76-25A.2 Adopted by 57 N.J.R. 345(a), effective 2/18/2025

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Basal cover" means the portion of the soil surface covered by the base of plants. It does not include foliar cover (the vertical projecti…

(a) In order for on-farm utilities to be considered exempt pursuant to N.J.A.C. 2:76-25.4, the grantor shall meet the criteria listed at (b), (c), and (d) below, as applicable. (b) On-farm utilities general construction criteria are as follows:1. Construction activities shall be …

(a) General performance criteria are as follows: 1. Topsoil stockpiles shall not be located in regulated areas such as wetlands, waters of the State, floodplains, or wetland transition areas. 2. Topsoil stockpiles shall be oriented to allow drainage around the stockpile, to keep …

(a) Temporary parking areas and temporary storage areas are exempt agricultural practices pursuant to N.J.A.C. 2:76-25.4 when minimum vegetative cover as defined at N.J.A.C. 2:76-25.3 is maintained. (b) The Committee recognizes that there may be circumstances beyond the reasonabl…

(a) The purpose of this section is to establish the minimum application, plan, and certification requirements for a rehabilitation plan to be certified by the Committee as a soil rehabilitation project pursuant to N.J.A.C. 2:76-25.9. (b) A rehabilitation application and plan shal…

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…

This subchapter sets forth a Statewide Farmland Preservation Formula for the valuation of development easements acquired pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. 32, as amended. Notes N.J. Admin. Code § 2:76-26.1 Adopted b…

In no instance shall the development easement value calculated pursuant to this subchapter exceed 80 percent of the property's certified market value unrestricted as determined by the Committee unless the landowner agrees to one or both of the additional deed restrictions set for…

(a) The development easement value determined in accordance with this subchapter shall be reduced by four times the certified per-acre value for each residential building opportunity the landowner retains after the property is preserved unless the following exceptions apply:1. Th…

(a) In the event the property is preserved pursuant to the county planning incentive grant program at N.J.A.C. 2:76-17 or the municipal planning incentive grant program at N.J.A.C. 2:76-17A, the percent Committee cost share shall be based upon the following development easement v…

In the event that the landowner has received a valid, good faith offer to purchase or acquire another substantial interest in the property for a non-agricultural use, and the landowner applies for the sale of fee simple title pursuant to P.L. 1988, c. 4, N.J.S.A. 4:1C-31.1, 31.2,…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Agriculture improvements" means improvements affixed to the land and commonly associated with agricultural and/or horticultural product…

(a) Landowners shall be provided with development easement values determined pursuant to the following valuation methodologies:1. The Statewide formula valuation set forth in this subchapter; 2. The traditional valuation methodology pursuant to N.J.S.A. 4:1C-31; 3. The Pinelands …

(a) The base value of a development easement shall be 50 percent of the property's certified market value unrestricted, determined in accordance with: 1. The appraisal handbook standards set forth at N.J.A.C. 2:76-10; or 2. Any other State law establishing a valuation methodology…

(a) The base values of a development easement shall be increased by the following factors: 1. Agricultural resource (20 percent maximum); 2. Natural resource (10 percent maximum); 3. Local importance (up to 15 percent maximum); and 4. Voluntary deed restrictions, should the lando…

(a) The base value shall be increased by a percentage of the per-acre certified market value unrestricted based on points assigned to the following agricultural resource factors identified on the premises to be preserved: 1. Soils; 2. Size; 3. Tillability; 4. Contiguity to preser…

(a) The base value shall be increased by a percentage of the certified market value unrestricted based on the points assigned to the following natural resource factors on the premises to be preserved:1. Groundwater recharge capability; 2. Upland forest; 3. Wetlands and open water…

(a) The development easement value will increase by five percent of the per-acre certified market value unrestricted for each of the following factors if they apply: 1. Risk of conversion: if the premises to be preserved are located within one mile of a State Growth Area. 2. Buff…

(a) The development easement value will increase by five percent of the per-acre certified market value unrestricted for each of the following restrictions agreed to by the landowner for inclusion in the deed to be recorded in accordance with N.J.A.C. 2:76-6.15: 1. A 10 percent i…

The agricultural management practices recommended in this subchapter are recommended pursuant to N.J.A.C. 2:76-2.2. Notes N.J. Admin. Code § 2:76-2A.1

(a) This agricultural management practice sets forth standards for equine operations and activities, with which farm operations must be in compliance to receive the protections of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. (b) As used in this section, the following words and …

(a) Pursuant to the authority of N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the manual entitled "Recommended Management Practices for Aquatic Farms," published by Rutgers Cooperative Extension and the New Jersey Depa…

(a) As used in this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: "Ambient sound level" means that measured value, which represents the summation of the sound from all of the discrete sources affecting a …

(a) This section, which is an agricultural management practice, sets forth the standards for on-farm direct marketing facilities, activities, and events that commercial farms must comply with to receive the protections of the Right to Farm Act (Act), N.J.S.A. 4:1C-1 et seq. This …

(a) The following words and terms, as used in this section, shall have the following meanings: "Apiary" means one or more colonies of honey bees. "Bee" means members of the genus apis. "Colony" means a hive or swarm of bees. "Hive" means the manmade structure which contains a col…

(a) The poultry manure agricultural management practice applies to agricultural operations, which store poultry manure prior to land application and land apply poultry manure as part of crop production practices. Poultry manure is collected and stored in a variety of ways, depend…

(a) The following words and terms, as used in this section, shall have the following meanings. "Agronomic rate" means the whole food processing by-product application rate on a dry weight basis designed: i. To provide the amount of nitrogen or other nutrients needed by the food c…

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Rutgers Cooperative Extension "Mid Atlantic Commercial Vegetable Production Recommendations, 2022/2023" as amended and supplemented, to …

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Rutgers Cooperative Extension "2021/2022 New Jersey Commercial Tree Fruit Production Guide," as amended and supplemented, to be the comm…

(a) The purpose of this section is to establish a generally accepted agricultural management practice for the implementation of a farm conservation plan for the conservation and development of soil, water and related natural resources on farmland. (b) The following terms, as used…

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Natural Resource, Agriculture, and Engineering Service's "Field Guide to On-Farm Composting," NRAES-114, as amended and supplemented, an…

(a) The installation of fencing on farmland for protection against wildlife damage shall be a generally accepted agricultural management practice recommended by the Committee. 1. The installation of fencing on farmland for protection against wildlife damage shall be performed in …

Pursuant to N.J.S.A. 4:1C-9(i), the supplemental agricultural activities contained in this subchapter are determined to be eligible to receive the protection of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. Notes N.J. Admin. Code § 2:76-2B.1

Pick-your-own operations rules are set forth in N.J.A.C. 2:76-2A.1 3. Notes N.J. Admin. Code § 2:76-2B.2 Repeal and New Rule, R.2014 d.057, effective 4/7/2014. See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a). Section was "Eligibility of pick-your-own operations for Right to Farm protect…

(a) As used in this section, the following words and terms shall have the following meanings: "All other land not devoted to agricultural or horticultural use" means land other than that used in connection with the farmhouse that is not devoted to an agricultural or horticultural…

This subchapter provides for any eligible landowner to voluntarily petition a county agriculture development board or a subregional agricultural retention board for the creation of a farmland preservation program. Notes N.J. Admin. Code § 2:76-3.1

(a) Any landowner not included in the farmland preservation program, as initially created, may within two years following the creation date, request inclusion, and upon review by the board and a finding that this inclusion is warranted, become part of the farmland preservation pr…

(a) Under provisions of N.J.S.A. 4:1C-30, withdrawal of land from a farmland preservation program prior to its termination date may occur in the case of death or incapacitating illness of the owner or other serious hardship or bankruptcy, following a public hearing conducted purs…

(a) The following deed restrictions shall be agreed to by the board and the landowner(s) when a farmland preservation program is adopted and shall run with the land: Grantor promises that the Premises shall at all times for the term of the agreement be owned, used and conveyed su…

(a) All farmland preservation programs shall comply with the provisions of the Agricultural Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the provisions of this subchapter. Notes N.J. Admin. Code § 2:76-3.13

As used in this subchapter, the following words and terms shall have the following meanings: "Agreement" means a legally binding written document between the landowner(s), and the board which must be signed by both parties and certified by the State Agriculture Development Commit…

(a) One or more owners of land may voluntarily enter into a farmland preservation program provided the following statutory criteria are satisfied: 1. The land must qualify for farmland assessment in accordance with the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; …

(a) Upon receipt of a petition and required documents, the board shall conduct a review to assure compliance with the provisions contained in N.J.A.C. 2:76-3.3 and approve, conditionally approve or disapprove the petition and so notify the applicant(s). (b) The board shall conduc…

(a) Approval of the petition by the board and creation of the farmland preservation program shall be signified by an agreement between the board and the landowner to retain the land in agricultural production for a minimum period of eight years. (b) The agreement shall constitute…