Once a farm is preserved, annual monitoring is required to ensure compliance with the deed of easement. The SADC conducts annual monitoring of farms preserved through the state acquisition program and coordinates county monitoring efforts and submission of reports.

The SADC also administers all post-closing requests, such as for divisions of premises, residential construction or replacement, construction of agricultural labor units, exercising of residual dwelling site opportunities (RDSOs), special permits for commercial nonagricultural activities and personal wireless service facilities, as well as deed of easement violation resolution.

Division of the Premises

A landowner who wishes to subdivide a permanently preserved farm may apply to the county agriculture development board for a division of the premises. The division must meet criteria  in the SADC's policy, including that the resulting parcels are agriculturally viable. The request must be approved by both the county agriculture development board and the SADC.

Division of Premises -- Policy 
Division of Premises -- Fact Sheet (with signoff)
Division of Premises -- Application (PDF or Word)

Exercise of an RDSO

Some farms are preserved with a Residual Dwelling Site Opportunity (RDSO) to provide for the limited future construction of a residential unit(s) for agricultural purposes. An owner of a preserved farm that provides for an RDSO in the deed of easement must apply to the county agriculture development board to exercise that RDSO (i.e., construct the residential unit). Exercise of an RDSO requires both county agriculture development board and SADC approval.

Exercise a Residual Dwelling Site Opportunity (RDSO)  -- Policy
Exercise a Residual Dwelling Site Opportunity (RDSO) -- Application (PDF or Word )

 

Rural Microenterprise on Preserved Farmland

The SADC has adopted new and amended rules to implement legislation (P.L. 2015, c. 275) that allows a farmer who owns a qualifying preserved farm to apply for a special permit to conduct a rural microenterprise on a preserved farm within certain parameters. The law also promotes and incentivizes the preservation of historic and culturally significant agricultural structures.

The full text of the Rural Microenterprise rules is available via LexisNexis:
Visit http://www.lexisnexis.com/hottopics/njcode;
Click "I Agree";
Click the plus sign next to Title 2.Agriculture; (if Titles are not displayed, first click "NJ Administrative Code" under Links box at upper right).
Click the plus sign next to Chapter 76.State Agriculture Development Committee;
Click the plus signs next to Subchapter 22 and 22A for the Rural Microenterprise rules.

Annual Monitoring of Preserved Farms

Monitoring Report E-Form

 

Deed of Easement Interpretation

The SADC in December 2008 appointed a subcommittee to examine various provisions of the farmland preservation Deed of Easement to determine where clarification may be needed to ensure consistent interpretation and related decision-making by the SADC and its preservation partners. Click here for more information on Deed of Easement interpretation.  

Energy Generation on Preserved Farms

P.L. 2009, c. 213, which affects the ability of farmers and other landowners to install solar, wind or biomass energy generation systems on farms, was signed into law in January 2010. The law identifies allowable limits and criteria for these activities on preserved farms, and for qualifying for farmland assessment and right-to-farm protection on both preserved and non-preserved farms.

Application for Solar Energy Generation Facilities on Preserved Farmland (for both rooftop and ground-mounted systems)

Unofficial copy of rules for Solar Energy Generation on Preserved Farms

Winery Pilot Program for Special Occasion Events on Preserved Farmland

SADC Pilot Program Summary and P.L. 2014, ch. 16 -- Allows wineries to hold special occasion events on preserved farmland under a 44-month pilot program subject to certain conditions; pilot program extended for two years pursuant to A2787, signed into law on May 30, 2018.
 
SADC Resolution (August 27, 2015) -- Delegates approval authority to County Agriculture Development Boards (CADBs) for special occasion events on a day other than Friday through Sunday or a State or Federal holiday; requires wineries to submit annual registration and certification forms to the SADC.

Annual Registration Form and Certification of Compliance Form -- Due to the SADC by July 13, 2018 for wineries that conducted or will conduct any special occasion event(s) on preserved farmland (outside an exception area) from March 1, 2018 through February 28, 2019.

Annual Income Certification Form -- Due to the CADB by July 13, 2018 for wineries that conducted any special occasion event(s) on preserved farmland (outside an exception area) during calendar year 2017.

Application to CADB to request approval to hold a special occasion event on any day other than Friday through Sunday or a State or Federal holiday -- Available from the CADB.

 

Order a Sign for Your Preserved Farm

Sign request form