Rule proposals available for public comment (draft pre-proposals as well as rule proposals published in the New Jersey Register) are posted on this page.

AMP for On-Farm Direct Marketing Facilities, Activities and Events, and Revised Right to Farm Procedure Rules

The SADC on January 31, 2014 approved for adoption proposed rules that establish an agricultural management practice (AMP) for On-Farm Direct Marketing Facilities, Activities and Events, N.J.A.C. 2:76-2A.13, and revise the Right to Farm procedural rules, N.J.A.C. 2:76-2.3, 2.4, 2.5, 2.7, 2.8, 2.9 and 2.10.

The AMP establishes performance-based standards for commercial farms seeking to qualify for right-to-farm protection for on-farm direct marketing facilities, activities and events that are used to facilitate and provide for direct farmer-to-consumer sales, such as farm stands, farm stores, community-supported agriculture and pick-your-own operations, and associated activities and events that fit within the scope of the Right to Farm Act. The intent of the AMP is to provide statewide standards on which farmers, municipalities, CADBs and the public can rely, while also providing flexibility to commercial farm owners and operators.

The rule proposal also includes procedural changes to streamline the Right-to-Farm process, i.e., the site-specific agricultural management practice (SSAMP) process and the Right to Farm complaint process. The proposed amendments clarify the roles of CADBs and the SADC in the Right to Farm review process in a manner consistent with the Right to Farm Act. The proposal also includes a new rule, N.J.A.C. 2:76-2.8, to identify hearing requirements for CADBs and the SADC when they are considering SSAMP requests and RTF complaints.

The proposed rules became effective on April 7, 2014, on publication in the New Jersey Register. See below for courtesy copies of the adopted rules. The official versions will be available through LexisNexis.


See the following links for more information:

Courtesy Copy of Adopted Rules
- Right to Farm Procedural Rules
- On-Farm Direct Marketing AMP

Rule Adoption in New Jersey Register
(April 7, 2014)

Summary of Public Comments and Changes to Rule Proposal
(approved for adoption on January 31, 2014) 

Rule Proposal

Flow chart highlighting the proposed Right to Farm process rules

Webinar: "Proposed New Rules for On-Farm Direct Marketing
and Amended Right to Farm Procedures"
 (6/21/13)

Webinar follow-up: clarification in response to questions (6/21/13)

Powerpoint presentation -- Part 1 -- Right to Farm Basics and Procedural Changes

Powerpoint presentation -- Part 2 -- On-Farm Direct Marketing AMP

 

Draft Rules for Wind Energy Generation on Preserved Farms

The State Agriculture Development Committee at its meeting on January 24, 2013 reviewed a draft of  new rules for wind energy generation on preserved farms. Staff continues to work on the draft and will accept informal public comment on the rules before it finalizes a formal rule proposal. Comments should be submitted to sadc@ag.state.nj.us.

Draft new rules for wind energy generation on preserved farms

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Rule Pre-Proposal: Appraising and Cost-Sharing on Properties Encumbered by a Conservation Easement or Development Restriction

Rule Pre-Proposal
Cover Memo
    Example #1 (map)    
    Example #2  (map)
    Example #3 (map)

Comments Due by June 30, 2009

Summary: This pre-proposal addresses SADC review of applications for the sale of a development easement on property already restricted pursuant to a recorded conservation easement or a recorded instrument limiting or prohibiting further development. The rule pre-proposal states that if the SADC becomes aware of any such restriction/easement that is held for the benefit of the public, the agency will not entertain an attempt to remove or rescind the restriction during the pendency of the application. An applicant who wants to remove such a restriction may withdraw the farmland preservation application, have the restriction legally repealed, and then reapply to the program, but with no prior status or funding commitment. Restrictions/easements that are privately held (e.g., between two property owners and not for the benefit of the public) will be analyzed on a case-by-case basis to determine whether it is necessary or prudent to amend or remove the restriction during the SADC's application process.