Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:1C-10.2 Appeal of decision. 6. Any person aggrieved by any decision of a county board regarding specific agricultural management practices or conflict resolution, may appeal the decision to the State Agriculture Development Committee in accordance with the provisions of the "Ad…

4:1C-10.3 New rule adoption process. 7. a. In proposing a rule for adoption, the agency involved shall issue an agriculture industry impact statement setting forth the nature and extent of the impact of the proposed rule on the agricultural industry that shall be included in the …

4:1C-10.4 Rules, regulations, standards. 8. a. The State Agriculture Development Committee shall adopt, in consultation with the Attorney General and pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards determining what…

4:1C-10a Shellfish commercial farm, public health, safety, nuisance, presumption against. 4. In all relevant actions filed subsequent to the effective date of P.L.2023, c.20 (C.4:1C-3.2 et al.), there shall exist an irrebuttable presumption that a shellfish commercial farm's oper…

4:1C-11. Short title This act shall be known and may be cited as the "Agriculture Retention and Development Act." L.1983, c. 32, s. 1, eff. Jan. 26, 1983, operative Jan. 26, 1983.

4:1C-12. Legislative findings and declarations The Legislature finds and declares that: a. The strengthening of the agricultural industry and the preservation of farmland are important to the present and future economy of the State and the welfare of the citizens of the State, an…

4:1C-13. Definitions As used in this act: a. "Agricultural development areas" means areas identified by a county agricultural development board pursuant to the provisions of section 11 of this act and certified by the State Agriculture Development Committee; b. "Agricultural use"…

4:1C-14. County boards 7. a. The governing body of any county may, by resolution duly adopted, establish a public body under the name and style of "The County Agriculture Development Board," with all or any significant part of the name of the county inserted. Every board shall co…

4:1C-15. Duties Every board shall: a. Develop and adopt, after public hearings, agricultural retention and development programs, which shall have as their principal purpose the long-term encouragement of the agricultural business climate and the preservation of agricultural land …

4:1C-16. Powers Every board may: a. Develop an educational and informational program concerning farmland preservation techniques and recommended agricultural management practices to advise and assist municipalities, farmers and the general public with respect to the implementatio…

4:1C-17. Subregional agricultural retention board; membership; dissolution a. If any board of chosen freeholders has not created a board within 1 year of the effective date of this act, the governing body of any municipality located within that county may, singly or jointly by pa…

4:1C-18. Agricultural development area; recommendation and approval The board may, after public hearing, identify and recommend an area as an agricultural development area, which recommendation shall be forwarded to the county planning board. The board shall document where agricu…

4:1C-19. Land acquisition or construction in agriculture development area; notice of intent; review; hearing a. Any public body or public utility which intends to exercise the power of eminent domain, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L. 1971, c. 3…

4:1C-2. Legislative findings The Legislature finds and declares that: a. The retention of agricultural activities would serve the best interest of all citizens of this State by insuring the numerous social, economic and environmental benefits which accrue from one of the largest …

4:1C-20. Petition for farmland preservation program; approval; agreement between board and landowner a. Any one or more owners of land which qualifies for differential property tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C. 54:4-23.1 et seq…

4:1C-21. Municipally approved program a. Any one or more owners of land which qualifies for differential property tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), and which is included in an agricultural development area may …

4:1C-22. Documentation of municipally approved program The creation of a municipally approved program shall be documented in the following manner: a. The petition in its final form shall be filed and recorded, in the same manner as a deed, with the county clerk and shall be filed…

4:1C-23. Zoning of land in program Notwithstanding the provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.) or any other law, rule or regulation to the contrary, no municipality shall alter its zoning ordinance as it pertains to land included within a municipally approved progra…

4:1C-24. Development easement, soil, water conservation project; application by landowners in farmland preservation program a. (1) Landowners within a municipally approved program or other farmland preservation program shall enter into an agreement with the board, and the municip…

4:1C-25. Public body may not exercise right of eminent domain; begin construction The provisions of any law to the contrary notwithstanding, no public body shall exercise the power of eminent domain for the acquisition of land in a municipally approved program or from which a dev…

4:1C-26. Filing of complaint against agricultural operation a. In all relevant actions filed subsequent to the effective date of P.L.1983, c.32 (C.4:1C-11 et al.), there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which is conduct…

4:1C-27. Agricultural activities exempt from emergency restrictions The provisions of any law, rule, regulation or ordinance to the contrary notwithstanding, agricultural activities on land in a municipally approved program, or on land from which a development easement has been c…

4:1C-28. Acceptable construction standard for farm structure a. The provisions of any law, rule, regulation or ordinance to the contrary notwithstanding, any criteria developed by a land grant college or a recognized organization of agricultural engineers and approved by the comm…

4:1C-29. Length of program; termination; inclusion of additional landowners a. The municipally approved program shall remain in effect for a minimum of 8 years, provided that a review of the practicability and feasibility of its continuation shall be conducted by the board and th…

4:1C-3 Definitions. 3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.): "Board" or "county board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14). "Commercial farm" means (1) a farm management unit of no less than five acr…

4:1C-3.1 Certain beekeeping operations protected by "Right to Farm Act." 2. Notwithstanding the provisions of section 3 of P.L.1983, c.31 (C.4:1C-3), or any rules or regulations adopted pursuant thereto, to the contrary, a farm management unit that qualifies as a commercial farm …

4:1C-3.2 Shellfish aquaculture management unit, commercial farm, protections, entitled. 3. a. A shellfish aquaculture management unit that qualifies as a shellfish commercial farm, pursuant to P.L.2023, c.20 (C.4:1C-3.2 et al.), shall be entitled to the protections set forth in s…

4:1C-30. Withdrawal of land; taxation a. Withdrawal of land from the municipally approved program or other 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, fo…

4:1C-31 Development easement purchases. 24. a. Any landowner applying to the board to sell a development easement pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) shall offer to sell the development easement at a price which, in the opinion of the landowner, represents a fair…

4:1C-31.1 Fee simple absolute purchases. 5. a. Any landowner of farmland within an agricultural development area certified by the committee may apply to the committee to sell the fee simple absolute title at a price which, in the opinion of the landowner, represents a fair market…

4:1C-31.2. Rules, regulations The committee shall adopt rules and regulations necessary to carry out the purposes of this amendatory and supplementary act according to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). L. 1988, c. 4, s. 6.

4:1C-32. Conveyance of easement following purchase; conditions, restrictions; payment 25. a. No development easement purchased pursuant to the provisions of this act shall be sold, given, transferred or otherwise conveyed in any manner except in those cases when development easem…

4:1C-32.1 Special permit to allow rural microenterprise activity on land; terms defined. 1. a. Any person who owns qualifying land may apply for a special permit pursuant to this section to allow a rural microenterprise activity to occur on the land. b. The committee, in its sole…

4:1C-32.10 Violations, penalties. 4. a. An owner or operator of a winery who violates P.L.2014, c.16 (C.4:1C-32.7 et seq.) shall be liable to a civil penalty of up to $1,000 for the first offense, up to $2,000 for the second offense, or up to $3,000 for a subsequent offense, to b…

4:1C-32.11 Rules, regulations. 5. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for the implementation of P.L.2014, c.16 (C.4:1C-32.7 et seq.). b. The committee ma…

4:1C-32.12 Certain provisions remain effective. 1. Notwithstanding the provisions of section 6 of P.L.2014, c.16 to the contrary, sections 1 through 5 of P.L.2014, c.16 (C.4:1C-32.7 through C.4:1C-32.11) shall be and remain in effect for two years following the effective date of …

4:1C-32.13 Reports relative to pilot program. 2. a. Each county agriculture development board shall prepare and submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), an annual report. Each annual report shall include findings that…

4:1C-32.14 Inapplicability of pilot program. 3 a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.) and extended pursuant to this act shall not apply to an…

4:1C-32.15 Findings, declarations. 1. The Legislature finds and declares that: a. Over 2,800 farms comprising over 247,000 acres of farmland have been preserved in New Jersey since the inception of the State's farmland preservation program; b. The original intent of the farmland …

4:1C-32.16 Definitions. 2. As used in P.L.2023, c.9 (C.4:1C-32.15 et seq.): "Applicant" means the owner, and in cases where the owner is not also the operator of the farm and the operator is the person seeking to hold the special occasion event, then the operator of the commercia…

4:1C-32.17 Special occasion event, preserved farmland, compliance, Farmland Preservation Program. 3. a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, a person may hold a special occasion event on preserved farmland, provided that th…

4:1C-32.18 Inspection, preserved farm, grantee, committee, compliance determination, appropriate credentials, rights, limitations. 4. a. The grantee and the committee shall have the right, without advance notice, to inspect a preserved farm on which special occasion events are he…

4:1C-32.19 Violations, penalties; notification, hearing, rights. 5. a. A permittee who violates the provisions of this act shall be liable to a civil administrative penalty of up to $1,000 for the first offense, up to $2,500 for the second offense, or up to $5,000 for a third and…

4:1C-32.2 Special permit to allow a personal wireless service facility on certain land; conditions; definitions. 2. 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 organizati…

4:1C-32.20 Rules, regulations. 6. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the committee may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the committee…

4:1C-32.21 Report to Governor, Legislature. 7. a. The committee shall report on special occasion events as authorized by P.L.2023, c.9 (C.4:1C-32.15 et seq.). All grantees shall provide the committee with data requested in relation to the report. The report shall include, but sha…