Agricultural Management Practice for On-Farm Direct Marketing Facilities, Activities and Events; and Revised Right to Farm Procedural 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

top of page
New Rules for Solar Energy on Preserved Farms Effective June 3, 2013

New rules at N.J.A.C. 2:76-24 became effective on June 3, 2013, that implement legislation allowing 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. SADC approval is required for 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.

Published Rule Adoption: Go to http://www.lexisnexis.com/njoal/. Then click "I agree." At the N.J. Register page, click the "NJ - New Jersey Register" link at the top-left and enter "45 N.J.R. 1385(a)" in the search box.  

Unofficial copy of new rules

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

 

Agricultural Management Practice for the Construction, Installation, Operation or Maintenance of Solar Energy Generation Facilities, Structures and Equipment on Commercial Farms

Adopted New Rule: N.J.A.C. 2:76-2A.12
Effective: August 15, 2011
Summary:
The SADC adopted this rule to implement legislation that extends the protections of the Right to Farm Act to the generation of solar energy on commercial farm within certain limits. The  rule establishes an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy. 

Official copy: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. At the N.J. Administrative Code and Register page, click the "NJ - New Jersey Register" link at the top-left and enter "43 N.J.R. 2157(a)" in the search box.  

Readoption N.J.A.C. 2:76

Readoption: N.J.A.C. 2:76
Effective January 15, 2010

Summary: The SADC readopted N.J.A.C. 2:76 -- the SADC's rules governing the Farmland Preservation and Right to Farm Programs -- without amendments.

Official copy: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. At the N.J. Administrative Code and Register page, click the "NJ - New Jersey Register" link at the top-left and enter "42 N.J.R. 587(a)" in the search box.  

Appraisals of the Current Market Value of Development Easements

Adopted Amendment: N.J.A.C. 2:76-17.11
Effective May 18, 2009

Summary: The SADC has amended its rules at N.J.A.C. 2:76-17.11 to address the SADC's certification of appraisals reflecting current market value of a development easement for applications for the sale of a development easement in the 2009 county planning incentive grant (PIG) program. The amendment will promote a smooth and efficient transition from counties participating in the 2008 county easement purchase program to the new county planning incentive grant (PIG) program by recognizing, in appropriate circumstances, appraisals conducted after the 2008 county easement purchase program but prior to the receipt of SADC approval of an application for sale of a development easement under the new county PIG program.

Official copy of the adopted amendment: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. At the N.J. Administrative Code and Register page, click the "NJ - New Jersey Register" link at the top-left and enter "41 N.J.R. 2093(b)" in the search box.  

 

Personal Wireless Service Facilities

Adopted Amendment:  N.J.A.C. 2:76-23.6 
Effective January 20, 2009

Summary: The SADC has adopted an amendment to the Personal Wireless Service Facilities rules that became effective June 2, 2008 to delete a provision requiring that an applicant seeking to erect a cellular tower on a preserved farm demonstrate there is no other apparent feasible alternative to place the personal wireless facility off the premises. After a review of public comments submitted in response to the recently adopted rules, the SADC determined this was tantamount to a prohibition on installing a personal wireless facility, which was not the Legislature’s intent. The SADC was unable to incorporate the change to the rules prior to their effective date.

Official copy of the adopted amendment: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. This leaves you at the LexisNexis website, where you click the "NJ - New Jersey Register" link at the top-left and enter "41 N.J.R. 399(a)" in the search box.

Commercial Nonagricultural Use Rules

Commercial Nonagricultural Activities; Personal Wireless Service Facilities

Adopted New Rules
: N.J.A.C. 2:76-22 and 23
Effective June 2, 2008

Official copy of the adopted rules: Go to http://www.lexisnexis.com/njoal/. Then click "I agree" and close the new window (http://www.michie.com) that pops up. This leaves you at the LexisNexis website, where you click the "NJ - New Jersey Register" link at the top-left and enter "40 N.J.R. 2663(b)" in the search box. (Note that the SADC has delayed adoption of 2:76-23.6(a)10 for six months during which it has proposed an amendment to delete this provision (see further below).

Summary of Rules

Application for a Special Permit for a Commercial Nonagricultural Use
Application for a Special Permit for a Personal Wireless Service Facility  

Equine Rules

The SADC on June 26, 2008, adopted rules that expand the list of protected activities under the Right to Farm Act to include equine-related service activities as well as complementary equine activities provided these complementary activities meet certain conditions; set forth the agricultural management practices with which farmers would need to comply to be eligible for protections of the Act; and detail what income may be used to satisfy the production requirements in the definition of "commercial farm" in the Right to Farm Act.

Adopted Amendment: N.J.A.C. 2:76-2A.8
Adopted New Rules: 2:76-2A.10 and 2:76-2B.3
- Click on the links above for an official copy of the adopted rules.

- Background information on the new equine rules
- Outreach presentation on the new rules
- Courtesy copy of the new rules

Schedule of public forums discussing the new rules:
- Mercer County Board of Agriculture meeting - September 8, 2008
- Morris CADB meeting - November 13, 2008
- Monmouth County Board of Agriculture meeting - November 18, 2008
- Equine Advisory Board meeting - December 17, 2008