The SADC on March 28, 2013 voted to approve publishing a rule proposal in the New Jersey Register to promulgate an agricultural management practice (AMP) for On-Farm Direct Marketing Facilities, Activities and Events, N.J.A.C. 2:76-2A.13, and to 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 would establish 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 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 rules are expected to be published in the New Jersey Register in mid-June, after which there will be a 60-day public comment period. The SADC also has offered to visit with CADBs to discuss and review the new rule proposal. See the following links for more information:

Memo to CADBs

Unofficial Copy of Proposed Rules Approved by the Committee on March 28, 2013

Flow chart highlighting the proposed Right to Farm process rules

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

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

The SADC on March 28, 2013 approved for adoption new rules at N.J.A.C. 2:76-24 to implement legislation that allows owners of farms preserved pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., to install solar energy systems on preserved farmland within certain limits.

The new rules address construction, installation and operation of solar energy facilities on preserved farms. The legislation requires SADC approval of all new solar energy facilities on preserved farms, including those located in exception areas -- those areas excepted from the preserved premises and unencumbered by farmland preservation deed restrictions. The new rules address eligibility criteria, application requirements, evaluation criteria and the SADC review process for such projects.

The approval for adoption is subject to a Governor's review period of 15 business days. The new rules will become effective upon publication in the New Jersey Register.

Unofficial copy of rules for solar 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

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.