reglab/housing_qa huggingface dataset:
NJ Rev Stat § 4:1C-32 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32 - Conveyance of easement following purchase; conditions, restrictions; payment

4:1C-32. Conveyance of easement following purchase; conditions, restrictions; payment  25. a. No development easement purchased pursuant to the provisions of this act shall be sold, given, transferred or otherwise conveyed in any manner except in those cases when development easements have been purchased on land included in a farmland preservation program included in a sending zone established by a municipal development transfer ordinance adopted pursuant to P.L.1989, c.86 (C.40:55D-113 et al.). b. Upon the purchase of the development easement by the board, the landowner shall cause a statement containing the conditions of the conveyance and the terms of the restrictions on the use and development of the land to be attached to and recorded with the deed of the land, in the same manner as the deed was originally recorded. These restrictions and conditions shall state that any development for nonagricultural purposes is expressly prohibited, shall run with the land and shall be binding upon the landowner and every successor in interest thereto. c. At the time of settlement of the purchase of a development easement, the landowner, the board, and the committee may agree upon and establish a schedule of payment which provides that the landowner may receive consideration for the easement in a lump sum, or in installments over a period of up to 40 years from the date of settlement, provided that, if a schedule of installments is agreed upon, the State Comptroller each year shall retain in the fund, or the governing body each year shall retain, an amount of money sufficient to pay the landowner for the current year pursuant to the schedule. For installment purchases, (1) the landowner may receive annually interest on any unpaid balance remaining after the date of settlement, which shall accrue at a rate established in the installment contract; and (2) the committee shall make annual payments to the board in an amount equal to the committee's proportionate annual share of the purchase price of the development easement. d. Nothing in this section shall prevent a board from receiving a lump sum from the committee and establishing a schedule of installment payments with the landowner. L.1983,c.32,s.25; amended 1989, c.86, s.16; 1992, c.157, s.6; 1999, c.163.
NJ Rev Stat § 4:1C-32.5 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.5 - Approval required.

4:1C-32.5 Approval required.  5. a. No person may construct, install, or operate biomass energy generation facilities, structures, or equipment on any land that is valued, assessed and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), without the approval of the Department of Agriculture, in addition to any other approvals that may be required by law. b. The Department of Agriculture, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning: (1) the construction, installation, and operation of biomass energy generation facilities, structures, and equipment and the management of biomass fuel for such facilities, structures, and equipment on farms; and (2) the process by which a landowner may apply for the approval required pursuant to subsection a. of this section, including establishment of reasonable application fees, if necessary, to help pay for the cost of review of the application, except no application fee may be charged for preserved farmland as defined in section 1 of P.L.2009, c.213 (C.4:1C-32.4). c. Notwithstanding any provision of this section to the contrary, the construction, installation, or operation of any biomass, solar, or wind energy generation facility, structure, or equipment in the pinelands area, as defined and regulated by the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), shall comply with the standards of P.L.1979, c.111 and the comprehensive management plan for the pinelands area adopted pursuant to P.L.1979, c.111. d. For the purposes of this section, "biomass" means an agricultural crop, crop residue, or agricultural byproduct that is cultivated, harvested, or produced on the farm, or directly obtained from a farm where it was cultivated, harvested, or produced, and which can be used to generate energy in a sustainable manner, except with respect to preserved farmland, "biomass" means the same as that term is defined in section 1 of P.L.2009, c.213 (C.4:1C-32.4). L.2009, c.213, s.5.
NJ Rev Stat § 4:1C-32.6 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.6 - Report to Governor, Legislature, committees.

4:1C-32.6 Report to Governor, Legislature, committees.  6. Every two years, the Department of Agriculture, in consultation with the State Agriculture Development Committee and the Department of the Treasury, shall prepare a report on the implementation of P.L.2009, c.213 (C.4:1C-32.4 et al.). The report shall include: a survey and inventory of all biomass, solar, or wind energy generation facilities, structures, and equipment placed on farmland in accordance with P.L.2009, c.213 (C.4:1C-32.4 et al.); the extent to which existing structures, such as barns, sheds, and silos, are used for those purposes, and how those structures have been modified therefor; the extent to which new structures, instead of existing structures, have been erected; and such other information as either of the departments or the committee deems useful. The report prepared pursuant to this section shall be transmitted to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee or their designated successors. Copies of the report shall also be made available to the public upon request and free of charge, and shall be posted on the website of the Department of Agriculture. L.2009, c.213, s.6.
NJ Rev Stat § 4:1C-32.7 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.7 - Definitions relative to special occasion events conducted at certain wineries.

4:1C-32.7 Definitions relative to special occasion events conducted at certain wineries.  1. As used in P.L.2014, c.16 (C.4:1C-32.7 et seq.): "Preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes. "Special occasion event" means a wedding, lifetime milestone event, or other cultural or social event as defined by the appropriate county agriculture development board, and conducted pursuant to the requirements set forth in subsection a. of section 2 of P.L.2014, c.16 (C.4:1C-32.8). "Winery" means a commercial farm where the owner or operator of the commercial farm has been issued and is operating in compliance with a plenary winery license or farm winery license pursuant to R.S.33:1-10. L.2014, c.16, s.1.
NJ Rev Stat § 4:1C-32.9 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.9 - Audit to determine compliance; certification of annual gross income.

4:1C-32.9 Audit to determine compliance; certification of annual gross income.  3. a. (1) A county agriculture development board or the State Agriculture Development Committee may order, and specify the scope of, an audit of the owner or operator of any winery engaged in conducting special occasion events on preserved farmland, for the purpose of determining compliance with section 2 of P.L.2014, c.16 (C.4:1C-32.8). The audit shall be conducted by an independent certified public accountant approved by the board or the committee, and the reasonable costs thereof shall be paid by the owner or operator of the winery. A county agriculture development board, or the committee, may establish a list of independent certified public accountants approved for the purposes of conducting an audit pursuant to this paragraph. Copies of the audit shall be submitted to the board and the committee. (2) An owner or operator of a winery engaged in conducting special occasion events on preserved farmland shall not be subject to an audit authorized pursuant to this section more than once per year without good cause demonstrated by the applicable board or the committee. b. An owner or operator of a winery engaged in conducting special occasion events on preserved farmland shall annually certify to the county agriculture development board that the special occasion events together account for less than 50 percent of the annual gross income of the winery during the prior calendar year, pursuant to paragraph (1) of subsection a. of section 2 of P.L.2014, c.16 (C.4:1C-32.8). The board shall forward the certification of annual gross income to the committee. c. In conjunction with an audit ordered pursuant to subsection a. of this section, a board or the committee may request, and the winery shall then submit, additional documentation as may be necessary for the board or committee to verify compliance with paragraph (1) of subsection a. of section 2 of P.L.2014, c.16 (C.4:1C-32.8). L.2014, c.16, s.3.
NJ Rev Stat § 4:1C-32.10 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.10 - Violations, penalties.

4:1C-32.10 Violations, penalties.  4. a. An owner or operator of a winery who violates P.L.2014, c.16 (C.4:1C-32.7 et seq.) shall be liable to a civil penalty of up to $1,000 for the first offense, up to $2,000 for the second offense, or up to $3,000 for a subsequent offense, to be collected in a civil action commenced by the State Agriculture Development Committee. b. In addition to the penalties established pursuant to subsection a. of this section: (1) for a second offense, the committee shall, after a hearing, suspend the owner or operator of a winery from conducting special occasion events for a period of up to six months; (2) for a third offense, the committee shall, after a hearing, suspend the owner or operator of a winery from conducting special occasion events for a period of at least six months but not more than one year; and (3) for a fourth or subsequent offense, the committee shall, after a hearing, suspend the owner or operator of a winery from conducting special occasion events for a period of at least one year but not more than two years. c. Any penalty imposed pursuant to this section may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with P.L.2014, c.16 (C.4:1C-32.7 et seq.). L.2014, c.16, s.4.
NJ Rev Stat § 4:1C-32.11 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.11 - Rules, regulations.

4:1C-32.11 Rules, regulations.  5. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for the implementation of P.L.2014, c.16 (C.4:1C-32.7 et seq.). b. The committee may adopt, as may be necessary and appropriate, agricultural management practices for the implementation of P.L.2014, c.16 (C.4:1C-32.7 et seq.). L.2014, c.16, s.5.
NJ Rev Stat § 4:1C-32.12 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.12 - Certain provisions remain effective.

4:1C-32.12 Certain provisions remain effective.  1. Notwithstanding the provisions of section 6 of P.L.2014, c.16 to the contrary, sections 1 through 5 of P.L.2014, c.16 (C.4:1C-32.7 through C.4:1C-32.11) shall be and remain in effect for two years following the effective date of this act, and shall be retroactive to March 1, 2018. L.2018, c.30, s.1.
NJ Rev Stat § 4:1C-32.13 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.13 - Reports relative to pilot program.

4:1C-32.13 Reports relative to pilot program.  2. a. Each county agriculture development board shall prepare and submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), an annual report. Each annual report shall include findings that summarize the activities of wineries on preserved farmland in the county of the board's jurisdiction and make recommendations for the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.). b. The State Agriculture Development Committee shall prepare and submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1): (1) an interim report, within 30 days after the effective date of this act; and  (2) a final report, at least 45 days before the expiration of the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.) and extended pursuant to this act. c. The interim and final reports required pursuant to subsection b. of this section shall review the implementation and operation of the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.), summarize the findings and recommendations of the annual reports prepared pursuant to subsection a. of this section, and make recommendations to the Governor and Legislature to amend, extend, or make permanent the program. L.2018, c.30, s.2.
NJ Rev Stat § 4:1C-32.14 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-32.14 - Inapplicability of pilot program.

4:1C-32.14 Inapplicability of pilot program.  3 a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.) and extended pursuant to this act shall not apply to any special occasion event at a winery that is not on preserved farmland. b. The State Agriculture Development Committee shall not have any authority to regulate or restrict any special occasion event conducted at a winery beyond the scope of the authority granted pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.). L.2018, c.30, s.3.
NJ Rev Stat § 4:1C-33 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-33 - Enforcement of conditions or restrictions

4:1C-33. Enforcement of conditions or restrictions  The committee or the board is authorized to institute, in the name of the State, any proceedings intended to enforce the conditions or restrictions on the use and development of land on which a development easement has been purchased pursuant to this act. L.1983, c. 32, s. 26, eff. Jan. 26, 1983, operative Jan. 26, 1983.
NJ Rev Stat § 4:1C-34 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-34 - Persons acquiring developmental easement; sale to board

4:1C-34. Persons acquiring developmental easement; sale to board  Any person or organization acquiring a development easement, by purchase, gift or otherwise, may apply to sell that development easement to the board, provided that the land on which the development easement was acquired shall be subject to the conditions and provisions of this act and that the board and the committee make a determination to purchase the development easement in the manner prescribed in section 24 of this act. L.1983, c. 32, s. 27, eff. Jan. 26, 1983, operative Jan. 26, 1983.
NJ Rev Stat § 4:1C-35 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-35 - Appraisal of value of donation

4:1C-35. Appraisal of value of donation  If a person wishes to donate all or a portion of the value of the development easement to the board, the value of the donation shall be appraised pursuant to the provisions of section 24 of this act. This requirement shall apply only if the board is requesting State funds. In order to qualify for State funds, pursuant to the provisions of this act, the county shall make up the difference between its required share of the total appraised value of the easement and the appraised value of the donation. In the event the value of the donation exceeds the required county share, the amount in excess shall be deducted from the State share.  L. 1983, c. 32, s. 28; amended 1988,c.4,s.4.
NJ Rev Stat § 4:1C-36 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-36 - Pinelands area, Highlands Region, farmland preservation.

4:1C-36 Pinelands area, Highlands Region, farmland preservation.  29. Nothing herein contained shall be construed to prohibit the creation of a municipally approved program or other farmland preservation program, the purchase of development easements, or the extension of any other benefit herein provided on land, and to owners thereof, in the Pinelands area, as defined pursuant to section 3 of P.L.1979, c. 111 (C. 13:18A-3), or in the Highlands Region, as defined in section 3 of P.L.2004, c.120 (C.13:20-3) . L.1983,c.32,s.29; amended 2004, c.120, s.45.
NJ Rev Stat § 4:1C-37 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-37 - Joint legislative oversight committee; duties

4:1C-37. Joint legislative oversight committee; duties  The Senate Natural Resources and Agriculture Committee and the Assembly Agriculture and Environment Committee are designated as the Joint Legislative Oversight Committee on Agricultural Retention and Development. The duties and responsibilities of the joint oversight committee shall be as follows: a. To monitor the operation of the committee and its efforts to retain farmland in productive agricultural use and to recommend to the committee any rule, regulation, guideline, or revision thereto which it deems necessary to effectuate the purposes and provisions of this act; b. To review and evaluate the implementation of development easement purchases on agricultural land; c. To review and evaluate all relevant existing and proposed statutes, rules, regulations and ordinances, so as to determine their individual effect upon the conduct of agricultural activities in this State; and d. To recommend to the Legislature any legislation which it deems necessary in order to effectuate the purposes of this act. L.1983, c. 32, s. 30, eff. Jan. 26, 1983, operative Jan. 26, 1983.
NJ Rev Stat § 4:1C-37.1 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-37.1 - Acquisition of property for farmland preservation purposes.

4:1C-37.1 Acquisition of property for farmland preservation purposes.  2. A county, county agriculture development board, or municipality may acquire real property in fee simple for farmland preservation purposes, which property may be resold or leased by the county, county agriculture development board, or municipality with an agricultural deed restriction placed on the property by the county, county agriculture development board, or municipality. L.2009, c.147, s.2.
NJ Rev Stat § 4:1C-38 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-38 - Acquisition of land in name of State

4:1C-38. Acquisition of land in name of State  In addition to those powers and duties provided for by section 5 of P.L.1983, c.31 (C.4:1C-6) and by sections 5 and 6 of P.L.1983, c.32 (C.4:1C-5 and C.4:1C-7), the State Agriculture Development Committee also shall have the power to purchase and acquire, in the name of the State, fee simple absolute interest in land in accordance with section 2 of P.L.1989, c.28 (C.4:1C-39).  L.1989, c.28, s.1; amended 1989,c.310,s.6.
NJ Rev Stat § 4:1C-40 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-40 - Certificate acknowledging landowner compliance

4:1C-40. Certificate acknowledging landowner compliance  A certificate executed and acknowledged by the committee stating that the provisions of section 2 of P.L.1989, c.28 (C.4:1C-39) have been met by the landowner, and that the first right and option to purchase of the committee has terminated, shall be conclusive upon the committee and the owner in favor of all persons who rely thereon in good faith, and this certificate shall be furnished to any landowner who has complied with the provisions of section 2 of P.L.1989, c.28 (C.4:1C-39).  L.1989, c.28, s.3; amended 1989,c.310,s.8.
NJ Rev Stat § 4:1C-41 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-41 - Priority

4:1C-41. Priority  The committee shall give priority to the purchase of land in those cases in which the committee determines that sale of the land to a third party is likely to lead to loss of all or substantially all of the land for agricultural use and production or is likely to negatively impact on the maintenance of a positive agricultural business climate in the municipality or county in which the land is located.  L. 1989, c. 28, s. 4.
NJ Rev Stat § 4:1C-42 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-42 - Acquired land held in name of State; sale, conditions

4:1C-42. Acquired land held in name of State; sale, conditions  Any land acquired by the committee pursuant to the terms of P.L.1989, c.28 (C.4:1C-38 et al.) shall be held of record in the name of the State and shall be offered for sale by the committee with a deed restriction permanently prohibiting nonagricultural development. Land sold with a deed restriction permanently prohibiting nonagricultural development pursuant to this section is exempt from the provisions of section 2 of P.L.1989, c.28 (C.4:1C-39).  L.1989, c.28, s.5; amended 1989,c.310,s.9.
NJ Rev Stat § 4:1C-43 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-43 - Appropriation

4:1C-43. Appropriation  Such moneys as are reasonable and necessary to carry out the intent of this act shall be appropriated from the "Farmland Preservation Fund" established pursuant to section 5 of the "Farmland Preservation Bond Act of 1981," P.L. 1981, c. 276.  L. 1989, c. 28, s. 6.
NJ Rev Stat § 4:1C-44 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-44 - Findings, declaration

4:1C-44. Findings, declaration  The Legislature finds that development in the State has reduced the number of acres in agricultural use by 90,000 acres during the last two years; that the depletion of agricultural land has forced the closure of agricultural support services, thus putting an additional burden on the farmers in the State; and that there is a need for leasable farmland to allow those farmers who do not own land to continue to farm. The Legislature further finds that the State owns over 5,600 parcels of property consisting of approximately 480,000 acres, but that it does not know which of these lands may be suitable for agricultural production. The Legislature therefore declares that putting otherwise dormant land to productive agricultural use would serve the best interest of all citizens of this State by insuring the numerous social, economic, and environmental benefits which accrue from agricultural production.  L.1989, c.79, s.1.