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)

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
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.  

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.  

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 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  

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