reglab/housing_qa huggingface dataset:
NJ Rev Stat § 4:1B-13 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1B-13 - Conveyance of development easement; conditions

4:1B-13. Conveyance of development easement; conditions  No development easement purchased by the State pursuant to the provisions of this act shall be sold, given, transferred or otherwise conveyed in any manner and no lands within the agricultural preserve shall be diverted to a use other than conservation or recreation without the approval of the Commissioner of Environmental Protection, the Secretary of Agriculture and the State House Commission and following a public hearing at least 1 month prior to any such approvals. In the case of the conveyance of such development easements, such approvals shall not be given unless an amount equal to the value of such development easement, as determined by the State House Commission, shall be deposited in the State Recreation and Conservation Land Acquisition and Development Fund created pursuant to P.L.1974, c. 102. Money so returned to said fund shall be deemed wholly a part of the portion of that fund available for land acquisition or development by the State pursuant to the provisions of P.L.1974, c. 102 and P.L.1975, c. 155. L.1976, c. 50, s. 13, eff. July 22, 1976.
NJ Rev Stat § 4:1B-14 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1B-14 - Rules and regulations

4:1B-14. Rules and regulations  a. The departments shall have the power, in accordance with the provisions of the "Administrative Procedure Act" (C. 52:14B-1 et seq.) to adopt, amend or repeal any rule or regulation deemed necessary to effectuate the purposes of this act. Such rules or regulations shall include a designation of the following: (1) The specific location of the program. Such designation shall result from studies conducted by the departments of alternate locations offering prime agricultural lands which are reasonably representative of all such lands located within this State in terms of agricultural characteristics, value, and vulnerability to pressures for development for other than agricultural purposes. (2) The maximum acceptable percentage of woodland contained in specific offers of such development easements; (3) The minimum acceptable percentage of total farm acreage to be represented by such offers; (4) Guidelines concerning the specific restrictions on the use and development of prime agricultural lands subject to a development easement purchased by the State pursuant to this act. Such guidelines shall prohibit nonagricultural uses and development of such lands except for limited improvements or construction designed to provide housing for persons deriving a substantial portion of their income from agricultural activities conducted on such lands. b. The departments shall transmit copies of all proposed rules and regulations to the committee in order to facilitate the review and evaluation of the program. L.1976, c. 50, s. 14, eff. July 22, 1976.
NJ Rev Stat § 4:1B-15 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1B-15 - Severability

4:1B-15. Severability  If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or party thereof directly involved in the controversy in which such judgment shall have been rendered. L.1976, c. 50, s. 15, eff. July 22, 1976.
NJ Rev Stat § 4:1C-1 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-1 - Short title

4:1C-1. Short title  This act shall be known and may be cited as the "Right to Farm Act." L.1983, c. 31, s. 1, eff. Jan. 26, 1983.
NJ Rev Stat § 4:1C-2 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-2 - Legislative findings

4:1C-2. Legislative findings  The Legislature finds and declares that: a. The retention of agricultural activities would serve the best interest of all citizens of this State by insuring the numerous social, economic and environmental benefits which accrue from one of the largest industries in the Garden State; b. Several factors have combined to create a situation wherein the regulations of various State agencies and the ordinances of individual municipalities may unnecessarily constrain essential farm practices; c. It is necessary to establish a systematic and continuing effort to examine the effect of governmental regulation on the agricultural industry; d. All State departments and agencies thereof should encourage the maintenance of agricultural production and a positive agricultural business climate; e. It is the express intention of this act to establish as the policy of this State the protection of commercial farm operations from nuisance action, where recognized methods and techniques of agricultural production are applied, while, at the same time, acknowledging the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in New Jersey. L.1983, c. 31, s. 2, eff. Jan. 26, 1983.
NJ Rev Stat § 4:1C-3 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-3 - Definitions.

4:1C-3 Definitions.  3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.): "Board" or "county board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14). "Commercial farm" means (1) a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), (2) a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually. "Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4). "Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise. "Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500. "Full-time, year-round equine-related farm employee" means any person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of horses on the commercial farm, including, but not limited to, a groom or other employee working in a stable. "Full-time, year-round equine-related farm employee" shall not include a migrant, seasonal, or temporary employee. L.1983, c.31, s.3; amended 1998, c.48, s.1; amended 2015, c.75, s.1; 2020, c.154, s.1.
NJ Rev Stat § 4:1C-3.1 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-3.1 - Certain beekeeping operations protected by "Right to Farm Act."

4:1C-3.1 Certain beekeeping operations protected by "Right to Farm Act."  2. Notwithstanding the provisions of section 3 of P.L.1983, c.31 (C.4:1C-3), or any rules or regulations adopted pursuant thereto, to the contrary, a farm management unit that qualifies as a commercial farm for the purposes of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.), because it is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually, shall be entitled to the protections provided to any other commercial farm under that act but not for agricultural or horticultural activities that are not apiary-related activities, unless the farm management unit also qualifies as a commercial farm pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3) for reasons other than as a beekeeping operation as described in that section. L.2015, c.75, s.2.
NJ Rev Stat § 4:1C-5 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-5 - Powers of committee

4:1C-5. Powers of committee  The committee may: a. Adopt bylaws for the regulation of its affairs and the conduct of its business; b. Adopt and use a seal and alter the same at its pleasure; c. Sue and be sued; d. Apply for, receive, and accept from any federal, State, or other public or private source, grants or loans for, or in aid of, the committee's authorized purposes; e. Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary, convenient, or desirable for the purposes of the committee or to carry out any power expressly given in this act; f. Adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act; g. Request assistance and avail itself of the services of the employees of any State, county or municipal department, board, commission or agency as may be made available for these purposes. L.1983, c. 32, s. 5, eff. Jan. 26, 1983, operative Jan. 26, 1983.
NJ Rev Stat § 4:1C-6 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-6 - Duties of committee

4:1C-6. Duties of committee  The committee shall: a. Consider any matter relating to the improvement of farm management practices; b. Review and evaluate the proposed rules, regulations and guidelines of any State agency in terms of feasibility, effect and conformance with the intentions and provisions of this act; c. Study, develop and recommend to the appropriate State departments and agencies thereof a program of agricultural management practices which shall include, but not necessarily be limited to, air and water quality control, noise control, pesticide control, fertilizer application, integrated pest management, and labor practices; d. Upon a finding of conflict between the regulatory practices of any State instrumentality and the agricultural management practices recommended by the committee, commence a period of negotiation not to exceed 120 days with the State instrumentality in an effort to reach a resolution of the conflict, during which period the State instrumentality shall inform the committee of the reasons for accepting, conditionally accepting or rejecting the committee's recommendations and submit a schedule for implementing all or a portion of the committee's recommendations. e. Within 1 year of the effective date of this act and at least annually thereafter, recommend to the Governor, the Legislature and the appropriate State departments and agencies thereof any actions which should be taken that recognize the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State, minimize unnecessary constraints on essential agricultural activities, and are consistent with the promotion of the public health, safety and welfare. L.1983, c. 31, s. 5, eff. Jan. 26, 1983.
NJ Rev Stat § 4:1C-7 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-7 - Additional duties of committee

4:1C-7. Additional duties of committee  The committee shall: a. Establish guidelines and adopt criteria for identification of agricultural lands suitable for inclusion in agricultural development areas and farmland preservation programs to be developed and adopted by a board applying for moneys from the fund; b. Certify to the secretary that the board has approved the agricultural development area and the farmland preservation program within the area where matching grants from the fund shall be expended; c. Review State programs and plans and any other public or private action which would adversely affect the continuation of agriculture as a viable use of the land in agricultural development areas and recommend any administrative action, executive orders or legislative remedies which may be appropriate to lessen these adverse effects; d. Study, develop and recommend to the departments and agencies of State government a program of recommended agricultural management practices appropriate to agricultural development areas, municipally approved programs (provided that these practices shall not be more restrictive than for those areas not included within municipally approved programs) and other farmland preservation programs, which program shall include but not necessarily be limited to: air and water quality control; noise control; pesticide control; fertilizer application; soil and water management practices; integrated pest management; and labor practices; e. Review and approve, conditionally approve or disapprove all applications for funds pursuant to the provisions of this act; and f. Generally act as an advocate for and promote the interests of productive agriculture and farmland retention within the administrative processes of State government. L.1983, c. 32, s. 6, eff. Jan. 26, 1983, operative Jan. 26, 1983.
NJ Rev Stat § 4:1C-8 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-8 - Use of appropriations

4:1C-8. Use of appropriations  The secretary shall use the sum of money appropriated by section 31 of this act, and any other sums as may be appropriated from time to time for like purposes, to assist the committee in administering the provisions of this act to make grants to assist boards or any other local units as authorized herein, to acquire development easements, to purchase fee simple absolute titles to farmland for resale with agricultural deed restrictions for farmland preservation purposes, and to make grants to landowners to fund soil and water conservation projects, on land devoted to farmland preservation programs within duly certified agricultural development areas.  With respect to moneys to be utilized to make grants for soil and water conservation projects, the secretary shall not approve any grant unless it shall be for a project which is also part of a farm conservation plan approved by the local soil conservation district.  L. 1983, c. 32, s. 4; amended 1988,c.4,s.2.
NJ Rev Stat § 4:1C-9.1 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-9.1 - Rules, regulations adopted by State Agriculture Development Committee

4:1C-9.1. Rules, regulations adopted by State Agriculture Development Committee  5. a. The State Agriculture Development Committee, in consultation with the Department of Labor, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations determining the classification for agriculture, forestry, fishing, and trapping under the North American Industry Classification System of codes, and for the production of agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities that are described in the Standard Industrial Classification codes for agriculture, forestry, fishing and trapping, for the purposes of compliance with P.L.1983, c.31 (C.4:1C-1 et seq.). The State Agriculture Development Committee shall ensure that the provisions of P.L.1983, c.31 (C.4:1C-1 et seq.) shall continue to apply to any owner or operator of a commercial farm, or other person, to whom the provisions applied prior to the effective date of P.L.2003, c.157 (C.13:1D-138 et al.). b. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Agriculture Development Committee may, immediately upon filing the regulations with the Office of Administrative Law, adopt such temporary regulations as the committee determines necessary to implement the provisions of P.L.2003, c.157 (C.13:1D-138 et al.). The regulations shall be in effect for a period not to exceed 270 days after the date of filing, except that in no case shall the regulations be in effect one year after the effective date of P.L.2003, c.157 (C.13:1D-138 et al.). The regulations may thereafter be amended, adopted or readopted as the committee determines necessary in accordance with the "Administrative Procedure Act". L.2003,c.157,s.5.
NJ Rev Stat § 4:1C-9.2 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-9.2 - Committee to develop rules, regulations; BPU to provide technical assistance.

4:1C-9.2 Committee to develop rules, regulations; BPU to provide technical assistance.  3. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.): (1) such rules and regulations as may be necessary for the implementation of subsection i. of section 6 of P.L.1983, c.31 (C.4:1C-9); and (2) agricultural management practices for biomass energy generation on commercial farms, including, but not necessarily limited to, standards for the management of odor, dust, and noise. b. The Board of Public Utilities shall provide technical assistance and support to the State Agriculture Development Committee with regard to the committee's responsibilities in connection with this section and subsection i. of section 6 of P.L.1983, c.31 (C.4:1C-9). c. Notwithstanding any provision of this section or subsection i. of section 6 of P.L.1983, c.31 (C.4:1C-9) 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 and subsection i. of section 6 of P.L.1983, c.31 (C.4:1C-9), "biomass" means an agricultural crop, crop residue, or agricultural byproduct that is cultivated, harvested, or produced on the commercial farm and which can be used to generate energy in a sustainable manner. L.2009, c.213, s.3.
NJ Rev Stat § 4:1C-10 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-10 - Commercial agricultural operation not a nuisance, compliance with practices.

4:1C-10 Commercial agricultural operation not a nuisance, compliance with practices.  7. In all relevant actions filed subsequent to the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), there shall exist an irrebuttable presumption that no commercial agricultural operation, activity or structure which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property. L.1983,c.31,s.7; amended 1998, c.48, s.3.
NJ Rev Stat § 4:1C-10.1 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-10.1 - Filing of complaint; process.

4:1C-10.1 Filing of complaint; process.  5. a. Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court. b. In the event the dispute concerns activities that are addressed by an agricultural management practice recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the county board shall hold a public hearing and issue findings and recommendations within 60 days of the receipt of the complaint. c. In the event the committee has not recommended an agricultural management practice concerning activities addressed by a complaint, the county board shall forward the complaint to the committee for a determination of whether the disputed agricultural operation constitutes a generally accepted agricultural operation or practice. Upon receipt of the complaint, the committee shall hold a public hearing and issue its decision, in writing, to the county board. The county board shall hold a public hearing and issue its findings and recommendations within 60 days of the receipt of the committee's decision. d. Any person aggrieved by the decision of the county board shall appeal the decision to the committee within 10 days. The committee shall schedule a hearing and make a determination within 90 days of receipt of the petition for review. e. The decision of the State Agriculture Development Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court. Any decision of a county agriculture development board that is not appealed shall be binding. L.1998, c.48,s.5.
NJ Rev Stat § 4:1C-10.2 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-10.2 - Appeal of decision.

4:1C-10.2 Appeal of decision.  6. Any person aggrieved by any decision of a county board regarding specific agricultural management practices or conflict resolution, may appeal the decision to the State Agriculture Development Committee in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The decision of the State Agriculture Development Committee shall be considered a final administrative agency decision. L.1998, c.48,s.6.
NJ Rev Stat § 4:1C-10.3 (2021)
2021 New Jersey Revised Statutes|Title 4 - Agriculture and Domestic Animals|Section 4:1C-10.3 - New rule adoption process.

4:1C-10.3 New rule adoption process.  7. a. In proposing a rule for adoption, the agency involved shall issue an agriculture industry impact statement setting forth the nature and extent of the impact of the proposed rule on the agricultural industry that shall be included in the notice of a proposed rule as required by subsection (a) of section 4 of P.L.1968, c.410 (C.52:14B-4). b. During the public comment period on the proposed rule, the State Agriculture Development Committee shall review the rule proposal to determine its impact on the agriculture industry of the State. c. If the State Agriculture Development Committee determines that the proposed rule may have a significant adverse impact on the agricultural industry of the State and notifies the relevant agency of that determination during the public comment period on the proposed rule, the agency shall consult with the State Agriculture Development Committee prior to the adoption of the rule. L.1998, c.48,s.7.