The Right to Farm Act establishes a formal conflict resolution process for resolving disputes involving the operation of a commercial farm.

Anyone aggrieved by the operation of a commercial farm must file a written complaint with a County Agriculture Development Board (CADB), or the State Agriculture Development Committee in counties where no CADB exists, prior to filing an action in court. Some CADBs have created specific forms on which written complaints should be filed.

After a complaint has been received, the CADB or SADC will request materials from the farm to determine whether it is a commercial farm (N.J.S.A. 4:1C-3) and whether the operation or activity is eligible for Right to Farm protection. The CADB or SADC then typically conducts a site-visit to gather more information. Depending on the nature of the issues, either the CADB or SADC (or both in some cases) will hold a public hearing. Decisions of CADBs may be appealed to the SADC. Final determinations of the SADC may be appealed to the New Jersey Superior Court, Appellate Division.

In making their determinations, CADBs and the SADC may consult with agricultural experts and others. The input of municipalities will also be considered when municipal regulations are implicated in right to farm matters.

The Right to Farm Act, N.J.S.A. 4:1C-1, and the rules promulgated thereunder, N.J.A.C. 2:76-2, 2A, and 2B, describe the formal conflict resolution process and appeals process.


Browse all of the formal Right-to-Farm 'conflict resolution' determinations issued by the SADC, CADBs, and/or the Office of Administrative Law.