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

(a) The farmland preservation program shall remain in effect for a minimum of eight years from the effective date of the creation of a farmland preservation program. (b) The board shall conduct a review of the practicability and feasibility to continue the program within one year…

(a) 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 municipally approved farmland preservation program. These rules supplement N.J.S.A. 4:1C-11 e…

(a) Under provisions of N.J.S.A. 4:1C-30, withdrawal of land from the municipally approved 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 pur…

(a) The following deed restrictions shall be agreed to by the board, the municipal governing body and the landowner(s) when a municipally approved farmland preservation program is adopted and shall run with the land: "Grantor promises that the Premises shall at all times for the …

(a) All municipally approved programs shall comply with the provisions of the Agriculture 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 § 2:76-4.12

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), the board, and the municipal governing body, which must be signed by all parties and certified by the State …

(a) One or more owners of land may voluntarily enter into a municipally approved 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…

(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. 2:76-4.3. (b) The board shall conduct an owner of last record search on all lands that have complied with the provisions of N.J.A.…

(a) Approval of a petition by the municipal governing body and the board and creation of a municipally approved program shall be signified by an agreement between the board, municipal governing body and the landowner to retain the land in agricultural production for a minimum per…

(a) The board shall submit the following to the Committee: 1. A copy of the approved petition; 2. A copy of the municipal ordinance approving the municipally approved program; 3. A copy of the county resolution or ordinance of adoption; 4. A copy of the tax map and any other docu…

(a) After review and evaluation of the certification request, the commission shall certify, certify with conditions or deny the approval of the municipally approved program and present its findings to the Secretary of Agriculture. Notes N.J. Admin. Code § 2:76-4.7

(a) Upon receipt of certification, the board shall retain a copy of the agreement and within ten working days document the recording of the municipally approved program in the following manner: 1. The petition in its final form shall be filed and recorded, in the same manner as a…

(a) The municipally approved program shall remain in effect for a minimum of eight years from the effective date of the creation of a municipally approved program. (b) The board and municipal governing body shall conduct a review of the practicability and feasibility to continue …

This subchapter identifies 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 municipally approved farmland preservation program or other farmland preservation program, or is subjec…

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

The State Soil Conservation Committee, pursuant to procedures established in N.J.A.C. 2:90-2, shall approve projects that are eligible for cost-sharing. Notes N.J. Admin. Code § 2:76-5.3 Amended by R.1987 d.90, effective 2/2/1987. See: 18 New Jersey Register 1981(a), 19 New Jerse…

(a) Upon certification of a farmland preservation program or a municipally approved program, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula: Acres Eligibility for State…

(a) Any landowner or farm operator as an agent for the landowner who is in a farmland preservation program or a municipally approved program shall be eligible to apply for a grant for projects. (b) The farm operator, as an agent for the landowner, shall be designated in writing b…

An applicant shall apply to the soil conservation district and the board for a grant for a project pursuant to N.J.A.C. 2:90-3. Notes N.J. Admin. Code § 2:76-5.6 Recodified from N.J.A.C. 2:76-5.5 by R.1993 d.521, effective 11/1/1993. See: 25 New Jersey Register 3279(a), 25 New Je…

(a) The Committee may provide a cost-share grant of up to 75 percent of the actual cost for a project approved by the State Soil Conservation Committee pursuant to N.J.A.C. 2:90-2 and 3. (b) For projects where the applicant provides at least 50 percent of the project cost without…

(a) Upon project completion, as verified by the soil conservation district the applicant shall request payment pursuant to procedures established by N.J.A.C. 2:90-3. (b) The committee, following State Soil Conservation Committee verification of compliance with N.J.A.C. 2:90-2 and…

(a) A subdivision for change of ownership of any lands under common deed of ownership shall affect eligibility for soil and water conservation project cost-share grants as follows: 1. Subdivision(s) of the land(s) in a program will not alter the total eligibility for soil and wat…

The principal purpose for acquisition of development easements is for the long term preservation of agricultural lands in order to maintain and enhance the agricultural industry in the State. These lands shall be retained for agricultural production and shall be restricted from a…

(a) Within 30 days of the Committee's opening of the confidential offers pursuant to N.J.A.C. 2:76-6.9(d), the board shall approve or disapprove the applications and submit the following to the Committee: 1. The priority ranking of the approved applications based upon suitability…

(a) The Committee shall approve a maximum limit of funds available and the maximum number of applications permitted per county for an easement purchase grant round to provide grants to counties and municipalities for the purchase of development easements on farmland. (b) Upon rec…

(a) Within 30 days of the board's receipt of the Committee's final approval, the board shall present to the landowner a written offer to purchase the development easement. A binding offer shall be contingent upon compliance with the provisions stated in N.J.A.C. 2:76-6.1 3. (b) T…

(a) Upon the landowner's acceptance of an offer to sell a development easement, the landowner shall provide evidence that current lien, easement and right-of-way holders will, as required by the Committee and board, subordinate their rights to the rights and privileges granted by…

(a) The board and the landowner may agree upon and establish a schedule of payment which provides that the landowner may receive consideration for the easement in a lump sum, or in installments over a period of up to 40 years from the date of settlement, provided that: 1. If a sc…

(a) In the event that a landowner applies to the board and Committee to divide farmland which has received final approval by both the board pursuant to N.J.A.C. 2:76-6.1 0 and Committee pursuant to N.J.A.C. 2:76-6.1 1, but prior to the conveyance of the development easement to th…

(a) The following statement shall be attached to and recorded with the deed of the land and shall run with the land: "Grantor promises that the Premises shall be owned, used and conveyed subject to: 1. Any development of the Premises for nonagricultural purposes is expressly proh…

(a) The evaluation shall be based on the merits of the individual application and the application's contribution to its respective project area. The weight factor assigned to each criterion identifies the relative importance of the specific criterion in relation to the other crit…

(a) Upon a landowner's request, residual dwelling site opportunities may be allocated to the premises by the board only under the following conditions: 1. The overall gross density shall not exceed one residential unit per 100 acres. The board shall decrease the allocation in con…

(a) In order to receive a grant for the purchase of a development easement as approved by the SADC pursuant to N.J.A.C. 2:76-6.1 1, the county board of chosen freeholders shall agree to enter into a grant agreement which shall incorporate the requirements of N.J.A.C. 2:76-6.1 8 t…

(a) The county shall certify that the acquisition of development easements by the county as set forth in the agreement complies with the provisions of the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, as amended, and all implementing regula…

(a) In furtherance of an agreement for a grant for the purchase of a development easement by a county the SADC shall:1. Conduct a base line inspection of the properties designated in Schedule A of the agreement in cooperation with the county; 2. Review the title commitment, final…

(a) A board and/or county may request Committee approval of land from which a development easement was purchased by or donated to the board and/or county for the purpose of ensuring that the owner of the land is afforded all of the benefits available to lands from which a develop…

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture …

(a) All lands from which a development easement is acquired and all lands purchased in fee simple title pursuant to section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of…

(a) A State-Certified General Real Estate Appraiser (SCGREA) certified pursuant to N.J.A.C. 13:40A-1.2 on the Committee's list of approved appraisers as of July 2, 2007, shall be eligible to remain on the Committee's approved list subject to N.J.A.C. 2:76-6.2 2. (b) A State-Certi…

(a) Annually, the Committee shall conduct a review of the qualifications of all approved appraisers and may remove an appraiser who does not meet the provisions of N.J.A.C. 2:76-6.2 1 or (b) below. (b) To be retained as an approved appraiser, the Committee shall ensure that the a…

(a) In order for a board and/or county or municipality that has acquired land in fee simple title for farmland preservation purposes to be eligible for a cost share grant for the purchase of a development easement as a partial interest in the fee simple title, the board and/or co…

(a) Any landowner that applies to the board in compliance with N.J.A.C. 2:76-6.4 and whose land is in a farmland preservation program, a municipally-approved program or qualifies for differential property tax assessment pursuant to the Farmland Assessment Act of 1964 and which is…

(a) Under the provisions of N.J.A.C. 2:76-6.3, the landowner shall submit a completed application to the board. (b) The board shall require the landowner to sign a certification confirming that the information provided in the application is true. (c) The board and/or Committee re…

(a) The board shall review and evaluate the easement purchase application pursuant to N.J.A.C. 2:76-6.2 0 to determine the suitability of the land for development easement purchase and establish a priority ranking of the applications on the basis of the following factors: 1. Crit…

(a) The Committee shall review and evaluate all applications received from the boards in accordance with the criteria set forth in N.J.A.C. 2:76-6.1 6. 1. The Committee shall determine whether the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0. 2…

(a) The procedure for conducting and reviewing appraisals shall be as follows: 1. The Committee shall adopt a list of approved appraisers pursuant to N.J.A.C. 2:76-6.2 1; 2. The board in accordance with county procedures shall select two appraisers from the list adopted by the Co…

(a) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the board and to recommend a market value of the development easement for each application. The review appraisal shall be done in accordance with the appraisal handbook standards at N.J.A.C…