By obtaining a commercial farm certification, the JTS Land Trust will have more freedom to operate without running afoul of local land use ordinances. The New Jersey Right to Farm Act protects commercial farmers from public and private nuisance actions as well as unduly restrictive municipal regulations.
Eligibility Criteria Under the Right to Farm Act
To be eligible for protection under the statute, a farm must qualify as a commercial farm.
An operation larger than five acres must annually engage in agricultural or horticultural production worth at least $2,500 and be eligible for differential property taxation under Farmland Assessment. For farms smaller than five acres, the annual production requirement is a minimum of $50,000 and the farm must satisfy eligibility requirements for farmland assessment, other than the farm-size requirement. A commercial farm may comprise multiple parcels, whether contiguous or non-contiguous, provided they are operated together as a single enterprise.
The farm must be located in an area in which agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan. If the commercial farm was in operation as of July 2, 1998, this zoning ordinance/master plan requirement does not apply.
The farmer must conduct the operation in compliance with generally accepted agricultural practices.
The operation must be in compliance with relevant state and federal statutes and rules.
The operation must not pose a direct threat to public health and safety.
Protected Activities under the Right to Farm Act
Once a farm satisfies the eligibility criteria, it may be granted certain protections under the Right to Farm Act for the following activities:
Production of agricultural and horticultural crops
Processing and packaging of the farm’s agricultural output
Operation of a farm market, including the construction of building and parking areas in conformance with municipal standards
Replenishment of soil nutrients and clearing of woodlands
Control of pests, predators, and diseases of plants and animals
Conduct of on-site disposal of organic agricultural wastes
Conduct of agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm
Engaging in solar, wind, and biomass energy generation, in compliance with adopted rules
Engaging in any other agricultural activity as determined by the State Agricultural Development Committee (SADC) and adopted through the rulemaking process
Resolving Disputes with Neighbors and Municipalities
The Right to Farm Act also contains dispute resolution mechanisms. An individual or municipality aggrieved by the operation of a commercial farm must file a complaint with the County Agriculture Development Board (CADB) prior to filing an action in court. CADB decisions may be appealed to SADC and then to the New Jersey Superior Court.
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future
For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
What Every Real Estate Investor Should Know Before Buying a Rental Property
Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Can You Change an Irrevocable Trust in New Jersey?
In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
How Intellectual Property Valuation Will Impact Business Transactions
Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
