Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:1C-32.6 Report to Governor, Legislature, committees. 6. Every two years, the Department of Agriculture, in consultation with the State Agriculture Development Committee and the Department of the Treasury, shall prepare a report on the implementation of P.L.2009, c.213 (C.4:1C-3…

4:1C-32.7 Definitions relative to special occasion events conducted at certain wineries. 1. As used in P.L.2014, c.16 (C.4:1C-32.7 et seq.): "Preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committe…

4:1C-32.8 Pilot program permitting special occasion events. 2. a. The State Agriculture Development Committee shall establish a pilot program permitting special occasion events to be conducted on preserved farmland at a winery provided that: (1) the gross income generated by the …

4:1C-32.9 Audit to determine compliance; certification of annual gross income. 3. a. (1) A county agriculture development board or the State Agriculture Development Committee may order, and specify the scope of, an audit of the owner or operator of any winery engaged in conductin…

4:1C-33. Enforcement of conditions or restrictions The committee or the board is authorized to institute, in the name of the State, any proceedings intended to enforce the conditions or restrictions on the use and development of land on which a development easement has been purch…

4:1C-34. Persons acquiring developmental easement; sale to board Any person or organization acquiring a development easement, by purchase, gift or otherwise, may apply to sell that development easement to the board, provided that the land on which the development easement was acq…

4:1C-35. Appraisal of value of donation If a person wishes to donate all or a portion of the value of the development easement to the board, the value of the donation shall be appraised pursuant to the provisions of section 24 of this act. This requirement shall apply only if the…

4:1C-36 Pinelands area, Highlands Region, farmland preservation. 29. Nothing herein contained shall be construed to prohibit the creation of a municipally approved program or other farmland preservation program, the purchase of development easements, or the extension of any other…

4:1C-37. Joint legislative oversight committee; duties The Senate Natural Resources and Agriculture Committee and the Assembly Agriculture and Environment Committee are designated as the Joint Legislative Oversight Committee on Agricultural Retention and Development. The duties a…

4:1C-37.1 Acquisition of property for farmland preservation purposes. 2. A county, county agriculture development board, or municipality may acquire real property in fee simple for farmland preservation purposes, which property may be resold or leased by the county, county agricu…

4:1C-37a Definitions; establishment of program restricting development of privately owned woodland. 1. a. As used in this section: "Local government unit" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3). "Qualifying tax-exempt nonprofit organiza…

4:1C-38. Acquisition of land in name of State In addition to those powers and duties provided for by section 5 of P.L.1983, c.31 (C.4:1C-6) and by sections 5 and 6 of P.L.1983, c.32 (C.4:1C-5 and C.4:1C-7), the State Agriculture Development Committee also shall have the power to …

4:1C-39. Sale of fee simple absolute interest in land; notice a. A landowner who wishes to sell a fee simple absolute interest in land that becomes enrolled after the effective date of P.L.1989, c.28 (C.4:1C-38 et al.) in a municipally approved program or other farmland preservat…

4:1C-4 State agriculture development committee; establishment; membership; terms; vacancies; meetings; minutes; staff. 4. a. In order that the State's regulatory action with respect to agricultural activities may be undertaken with a more complete understanding of the needs and d…

4:1C-40. Certificate acknowledging landowner compliance A certificate executed and acknowledged by the committee stating that the provisions of section 2 of P.L.1989, c.28 (C.4:1C-39) have been met by the landowner, and that the first right and option to purchase of the committee…

4:1C-41. Priority The committee shall give priority to the purchase of land in those cases in which the committee determines that sale of the land to a third party is likely to lead to loss of all or substantially all of the land for agricultural use and production or is likely t…

4:1C-42. Acquired land held in name of State; sale, conditions Any land acquired by the committee pursuant to the terms of P.L.1989, c.28 (C.4:1C-38 et al.) shall be held of record in the name of the State and shall be offered for sale by the committee with a deed restriction per…

4:1C-43. Appropriation Such moneys as are reasonable and necessary to carry out the intent of this act shall be appropriated from the "Farmland Preservation Fund" established pursuant to section 5 of the "Farmland Preservation Bond Act of 1981," P.L. 1981, c. 276. L. 1989, c. 28,…

4:1C-43.1 Farmland preservation planning incentive grant program. 1. a. There is established in the State Agriculture Development Committee a farmland preservation planning incentive grant program, the purpose of which shall be to provide grants to eligible counties and municipal…

4:1C-44. Findings, declaration The Legislature finds that development in the State has reduced the number of acres in agricultural use by 90,000 acres during the last two years; that the depletion of agricultural land has forced the closure of agricultural support services, thus …

4:1C-45. Inventory of land suitable for agricultural production Within one year of the effective date of this act, the Department of Agriculture, in cooperation with the Department of the Treasury and other State agencies, shall prepare an inventory of properties owned by the Sta…

4:1C-46. Priority Land deemed suitable for agricultural production shall be offered for agricultural production in the following priority: a. For use by the Department of Corrections or other State agencies conducting farm operations; b. For lease to private sector farm operators…

4:1C-47. Rules, regulations The Department of Agriculture shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing a procedure for the application and awarding of leases under this act. The terms of the …

4:1C-48. Competitive bid; covenant Lands deemed suitable for agricultural production pursuant to this act and deemed by the State House Commission to be surplus to the needs of the State and any of its agencies, shall be offered for sale for agricultural use, in fee simple, to pr…

4:1C-49. Short title 1. This act shall be known and may be cited as the "State Transfer of Development Rights Bank Act." L.1993,c.339,s.1.

4:1C-5. Powers of committee The committee may: a. Adopt bylaws for the regulation of its affairs and the conduct of its business; b. Adopt and use a seal and alter the same at its pleasure; c. Sue and be sued; d. Apply for, receive, and accept from any federal, State, or other pu…

4:1C-50 Definitions. 2. As used in this act: "Board" means the board of directors of the State Transfer of Development Rights Bank established pursuant to section 3 of P.L.1993, c.339 (C.4:1C-51); "Development potential" means the maximum number of dwelling units or square feet o…

4:1C-51. State Transfer of Development Rights Bank established 3. a. There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known as the State Transfer of Development Rights Bank. For the purpose …

4:1C-52 Powers of board. 4. The board shall have the following powers: a. To purchase, or to provide matching funds for the purchase of 80% of, the value of development potential and to otherwise facilitate development transfers, from the owner of record of the property from whic…

4:1C-53. Establishment, maintenance of Development Potential Transfer Registry 5. a. The board shall establish and maintain a Development Potential Transfer Registry, which shall include: (1) The name and address of every person to whom and from whom development potential is sold…

4:1C-54. Sale, exchange, conveyance of development potential 6. a. The board may sell by negotiation or auction, exchange, or otherwise convey any development potential that is purchased or otherwise acquired pursuant to the provisions of this act, after notice thereof placed in …

4:1C-55. Report to Governor, Legislature 7. The board, three years after the effective date of this act, shall prepare and submit a report to the Governor and Legislature assessing the implementation of this act, evaluating the operation of the State TDR Bank, providing a financi…

4:1C-6. Duties of committee The committee shall: a. Consider any matter relating to the improvement of farm management practices; b. Review and evaluate the proposed rules, regulations and guidelines of any State agency in terms of feasibility, effect and conformance with the int…

4:1C-7. Additional duties of committee The committee shall: a. Establish guidelines and adopt criteria for identification of agricultural lands suitable for inclusion in agricultural development areas and farmland preservation programs to be developed and adopted by a board apply…

4:1C-8. Use of appropriations The secretary shall use the sum of money appropriated by section 31 of this act, and any other sums as may be appropriated from time to time for like purposes, to assist the committee in administering the provisions of this act to make grants to assi…

4:1C-9 Commercial farm owners, operators; permissible activities. 6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or…

4:1C-9.1. Rules, regulations adopted by State Agriculture Development Committee 5. a. The State Agriculture Development Committee, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rule…

4:1C-9.2 Committee to develop rules, regulations; BPU to provide technical assistance. 3. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): (1) such rules and regulations as may be necessary for the implementation …

4:1C-9.3 Rules, regulations relative to housing of equine-related farm employees. 3. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): (1) rules and regulations to implement subsection j. of section 6 of P.L.1983, …

4:1C-9.4 Agricultural management practice adoption, housing, resident farm employee. 3. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an agricultural management practice for the housing of a resident farm emplo…

4:1C-9a Farmstand, agricultural operations, sale of firewood. 1. a. Any farmstand or location on a farm, or location used by a farm or other agricultural operation, to sell firewood obtained from property other than the seller's land shall not be considered a lumber yard under mu…