The farm must qualify as a commercial farm. This means 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.

Agriculture must be a permitted use on the farm under the municipal zoning ordinance, or be consistent with the municipal master plan as of December 31, 1997. If the commercial farm was in operation on the effective date of the amendments to the Right to Farm Act (July 2, 1998), however, the zoning ordinance/master plan requirement does not need to be met.

The farmer must conduct his operation, or a specific agricultural activity at issue, in compliance with the standards contained in agricultural management practices that have been promulgated by the SADC, or 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, commercial farms that meet the eligibility requirements may be entitled to receive Right to Farm Act protections for the following activities:

--Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping

--Process and package the agricultural output of the commercial farm

--Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards

--Replenish soil nutrients and improve soil tilth

--Control pests, predators and diseases of plants and animals

--Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas

--Conduct on-site disposal of organic agricultural wastes

--Conduct 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

--Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C52:14B-1 et seq.)