reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.11 - Requirements for storage facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate a facility for the storage of apples that is represented as being a controlled atmosphere storage facility unless it has been licensed by the Secretary under the provisions of this Act and the rules and regulations pursuant thereto.
(b) When apples have been stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in New Jersey and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey if the state in which the apples were stored permits apples stored in New Jersey in compliance with the New Jersey law to be represented as having been exposed to controlled atmosphere storage when sold in that state.
(c) When apples have been stored in another state which does not have laws governing controlled atmosphere storage similar to the provisions in effect in New Jersey but the apples have been stored in facilities and under conditions comparable to that required under this Act, such apples may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey only when owners or operators of these storages, packers or repackers, have been licensed and assigned a CA number and can furnish satisfactory proof to the Secretary or his agent, that the apples have been stored in facilities and under conditions comparable to that required under this Act and the rules and regulations pursuant thereto.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.12 - Penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who violates any provision of this Act or the rules and regulations issued pursuant thereto shall be liable to a penalty of not less than $ 100.00 nor more than $ 500.00 for each offense.
(b) Each day of violation shall be deemed a separate offense.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to County Agriculture Development Boards and Subregional Agricultural Retention Boards when identifying and receiving State Agriculture Development Committee certification for agricultural development areas.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a county agriculture development board pursuant to the provisions of 4:1C-18 and certified by the State Agriculture Development Committee.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.3 - Statutory criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board may, after public hearing, identify and recommend an area as an agricultural development area, which recommendation shall be forwarded to the county planning board. The board shall document where agriculture shall be the preferred, but not necessarily the exclusive, use of land if that area:
1. Encompasses productive agricultural lands which are currently in production or have a strong potential for future production in agriculture and in which agriculture is a permitted use under the current municipal zoning ordinance or in which agriculture is permitted as a non-conforming use;
2. Is reasonably free of suburban and conflicting commercial development;
3. Comprises not greater than 90 percent of the agricultural land mass of the county;
4. Incorporates any other characteristics deemed appropriate by the board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.4 - Other criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The factors in this section that shall be considered by the board in developing criteria for the identification of agricultural development area(s) shall include, but not necessarily be limited to, the following:
1. Soils;
2. Current and anticipated local land use plans and regulations;
3. Farmland assessment status;
4. Anticipated approvals for non-agricultural development;
5. Accessibility to publicly funded water and sewer systems;
6. Compatibility with comprehensive and special purpose county and State plans;
7. Proximity and accessibility to major highways and interchanges;
8. Minimum size of an ADA;
9. Landowner sign-up;
10. Land within boroughs, towns or cities;
11. Inclusion of entire or partial lots and blocks;
12. Land ownership;
13. Natural and special features;
14. Type and distribution of agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.5 - Certification request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to obtain committee certification of board approval of ADAs, the board shall submit the following to the committee:
1. Board certification that a hearing was held in compliance with the Open Public Meetings Act, 10:4-6 et seq.;
2. A copy of the approved minutes of the hearing which shall include a summary of the testimony;
3. A comprehensive report consisting of the following:
i. Discussion of factors considered for arriving at the adopted ADA criteria;
ii. Adopted criteria for ADA identification;
iii. A resolution of adoption of ADA(s);
iv. Map(s), preferably but not necessarily U.S.G.S. (1:24000), showing the general location of the ADA(s) as defined by the application of the criteria.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.6 - Committee review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The committee shall review board submissions pursuant to 2:76-1.5.
(b) In order to certify, the committee must make a finding that the board's analysis of factors and resultant criteria are reasonable and consistent with the provisions of this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 1 - AGRICULTURAL DEVELOPMENT AREAS › Section 2:76-1.7 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
Upon compliance with the provisions of this subchapter, the committee shall present to the Secretary of Agriculture its findings and recommendations to certify, to certify with conditions, or deny the request made pursuant to 2:76-1.5.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agricultural management practices" means practices which have been recommended by the State Agriculture Development Committee, and adopted pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq., 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.
"Board" means a county agriculture development board established pursuant to 4:1C-17 or a subregional agricultural retention board established pursuant to 4:1C-20.
"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, 54:4-23.1 et seq.; or
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, 54:4-23.1 et seq.
"Committee" means the State Agriculture Development Committee established pursuant to 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 percent 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 percent of the sales area shall be devoted to the sale of the 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.
"Site specific agricultural management practice" means a specific operation or practice which has been recommended by the appropriate board, or in a county where no board exists, the Committee, to constitute a generally accepted agricultural operation or practice.
"State Soil Conservation Committee" means an agency of the State established pursuant to 4:24-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.2 - Procedure for recommending agricultural management practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee at its initiative may recommend agricultural management practices.
(b) Any person or organization may request the Committee to recommend agricultural management practices.
(c) In considering agricultural management practices, the Committee may consult with the following agencies, organizations, or persons:
1. The New Jersey Department of Agriculture;
2. The New Jersey Agricultural Experiment Station, including appropriate county agents;
3. County Agriculture Development Boards;
4. The State Soil Conservation Committee;
5. Any other states' Departments of Agriculture, land grant institutions or Agricultural Experiment Stations;
6. The United States Department of Agriculture, or any other Federal governmental entity; or
7. Any other organization or person which may provide expertise concerning the particular practice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.3 - Determinations of site-specific agricultural management practices where a board exists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In counties where a board exists, a commercial farm owner or operator that meets the eligibility criteria pursuant to 4:1C-3 and 9 may submit an application to the board to determine if his or her operation constitutes a generally accepted agricultural operation or practice included in any of the permitted activities set forth in 4:1C-9.
1. The commercial farm owner and/or operator and board staff may hold a pre-application meeting or meetings to discuss application requirements, board jurisdiction and procedures, and any other related matter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.4 - Determinations of site-specific agricultural management practices where a board does not exist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In counties where a board does not exist, a commercial farm owner or operator that meets the eligibility criteria pursuant to 4:1C-3 and 9 may submit an application to the Committee to determine if his or her operation constitutes a generally accepted agricultural operation or practice included in any of the permitted activities set forth in 4:1C-9.
(b) The provisions of 2:76-2.3(b)  through (
l
) shall apply to the Committee's consideration of the application.
(c) The Committee shall pass a resolution granting, with or without conditions, or denying the request for a site-specific agricultural management practice determination. The resolution shall contain detailed findings of fact and conclusions of law, including commercial farm eligibility, the relationship(s), if any, between the operation or practice that is the subject of the application submitted pursuant to 2:76-2.3 and any activity permitted pursuant to 4:1C-9, and include references to any supporting documents. The resolution shall be forwarded to the commercial farm owner and commercial farm operator, if applicable, the municipality(ies) in which the commercial farm is located, and any other individuals or organizations deemed appropriate by the Committee within 30 days of passage of the resolution.
1. The decision of the Committee shall be considered a final administrative agency decision and shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.5 - Utilization of agricultural management practices and procedures and site-specific agricultural management practices and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Owners and operators of commercial farms are afforded benefits and protections pursuant to the Right to Farm Act, 4:1C-1 et seq., P.L. 1983, c.31, as amended.
(b) The failure of a commercial farm owner or operator to comply with an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and 2:76-2.2 or a site specific agricultural management practice adopted pursuant to 2:76-2.3 or 2.4 shall not be utilized in any judicial proceedings or proceeding before any governmental body or agency except for the process as described in 4:1C-10.1 and 2:76-2.1 0.
(c) If a commercial farm owner or operator believes a municipality or county's standards or requirements for agricultural operations or practices are unduly restrictive, or believes a municipality or county is unreasonably withholding approvals related to agricultural operations or practices, then the commercial farm owner or operator may request that the board, or the Committee in counties where no board exists, make a determination in the matter by requesting a site-specific agricultural management practice pursuant to 2:76-2.3 or 2.4, respectively. The board, or Committee in counties where no board exists, shall review the matter and make a determination regarding whether RTFA protection is warranted.
(d) A commercial farm owner or operator shall not be precluded from requesting a site-specific agricultural management practice determination from a board, or from the Committee in counties where no board exists, pursuant to 2:76-2.3 or 2.4, respectively, for activities set forth in agricultural management practices recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and N.J.A.C. 2:76-2.2.
1. No site-specific agricultural management practice approval shall be granted if it is inconsistent with an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and 2:76-2.2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.6 - Negotiation of conflicts between State regulatory practices and SADC recommended agricultural management practices

Current through Register Vol. 56, No. 14, July 15, 2024
The Committee shall 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.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.7 - Disposition of conflicts between any person aggrieved by the operation of a commercial farm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved by the operation of a commercial farm shall first file a complaint, in writing, with the applicable board or with the Committee in counties where no board exists, prior to filing an action in court. The complaint shall include detailed facts concerning the contested operation or practice.
(b) If a board exists, then the board shall contact the commercial farm owner or operator to provide evidence that the agricultural operation is a commercial farm pursuant to 4:1C-3.
(c) If appropriate, one or more board members or board staff may inspect the farm operation to confirm commercial farm eligibility and/or to verify that 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, 52:14B-1 et seq., and 2:76-2.2 or a site-specific agricultural management practice approved by the board pursuant to 2:76-2.3. If board members conduct the inspection, the board shall ensure that less than a quorum, as defined in the Senator Byron M. Baer Open Public Meetings Act, 10:4-6 et seq., is present at the inspection.
1. The board shall, at one or more regular meeting(s), determine commercial farm eligibility and/or determine whether the operation or practice is included in one or more of the permitted activities set forth in 4:1C-9.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2 - RIGHT TO FARM › Section 2:76-2.8 - Hearing procedures for Right to Farm cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee and county agriculture development boards shall follow the procedures set forth in this section for cases arising from the Right to Farm Act, 4:1C-1 et seq. and the Right to Farm rules set forth at N.J.A.C. 2:76-2, 2A, and 2B.
(b) The procedures set forth in this section shall apply only after the county agriculture development board or the Committee determines that it has jurisdiction to hear the Right to Farm case.
(c) Procedures applicable to requests by a commercial farm for a site-specific agricultural management practice determination (see 2:76-2.3 and 2.4) shall be as follows:
1. Written notice of the request shall be given by the commercial farm, at its sole expense, via certified mail, return receipt requested, and/or by personal service, to:
i. The clerk and land use board secretary of the municipality in which the commercial farm is located. If the commercial farm is located within 200 feet of an adjoining municipality, then written notice of the request shall be given as set forth in (c)1 above to the clerk and land use board secretary of the adjoining municipality;
ii. The owners of all real property, on the current tax duplicates, within 200 feet in all directions of the property upon which the commercial farm is located. The commercial farm shall be solely responsible to pay for and obtain a certified list of property owners in accordance with 40:55D-12.c;
iii. The State Agriculture Development Committee;
iv. The county planning board, if the commercial farm is located on property adjacent to a county road or county-owned property;
v. The Commissioner of the New Jersey Department of Transportation, if the commercial farm is located on a State highway;
vi. The public, by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.1 - Recommendation basis

Current through Register Vol. 56, No. 14, July 15, 2024
The agricultural management practices recommended in this subchapter are recommended pursuant to 2:76-2.2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.2 - Apiary agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this section, shall have the following meanings:
"Apiary" means one or more colonies of honey bees.
"Bee" means members of the genus apis.
"Colony" means a hive or swarm of bees.
"Hive" means the manmade structure which contains a colony of honey bees.
(b) All overwintering apiaries must be registered with the New Jersey Department of Agriculture, pursuant to 2:24-3.1 et seq.
(c) Overwintering apiaries, honey production apiaries, queen and package apiaries and bee colonies utilized for crop pollination will not exceed an average density of 50 colonies per acre.
(d) All colonies must be located at least 25 feet from a public sidewalk, alley, street or road.
(e) All apiaries must be at least 300 feet from any residence, excluding the residence(s) associated with the agricultural operation. If less than 300 feet from any residence, a six feet high solid fence or hedge must be erected buffering the residence.
(f) All apiaries must have on site an adequate source of water which is no more than one-half mile from the apiary.
(g) All bee equipment and hives must be maintained in good condition.
(h) All colonies must be kept in movable frame hives in accordance with 4:6-10.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.4 - Food processing by-product land application agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this section, shall have the following meanings.
"Agronomic rate" means the whole food processing by-product application rate on a dry weight basis designed:
i. To provide the amount of nitrogen or other nutrients needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land;
ii. To minimize the amount of nitrogen or other nutrients from residual and all other fertilizer sources that passes below the root zone of the crop or vegetation grown on the land; and
iii. To provide the amount of calcium or magnesium oxides capable of neutralizing soil acidity.
"Food processing by-product" means food processing vegetative wastes and/or food processing residuals generated from food processing and packaging operations or similar industries that process food products.
"Food processing residuals" means residuals resulting from the physical, chemical, and/or biological treatment of wastewater generated in food processing and packaging operations or similar industries that process food products, whose application to lands would benefit crop growth and soil productivity. Food processing residuals do not include process waste waters.
"Food processing vegetative waste" means material generated in trimming, reject sorting, cleaning, pressing, cooking, and filtering operations from the processing of fruits and vegetables and the like in food processing and packaging operations or similar industries that process food products. Vegetative wastes include, but are not limited to, tomato skins and seeds, pepper cores, potato peels, cabbage, onion skins, celery pieces, cranberry hulls, cranberry tailings, rice hulls, carrot stems, and coffee grounds.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.5 - Commercial vegetable production agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				authority at
				N.J.A.C.
				1:30-2.2, the State Agriculture Development
				Committee hereby adopts and incorporates by reference the Rutgers Cooperative
				Extension "Mid Atlantic Commercial Vegetable Production Recommendations,
				2022/2023" as amended and supplemented, to be the commercial vegetable
				production agricultural management practice, subject to the modifications as
				stated at (c) below.
(b) The "Mid
				Atlantic Commercial Vegetable Production Recommendations, 2022/2023" is
				available on the Rutgers Cooperative Extension website at
http://njaes.rutgers.edu/pubs/
.
(c) The recommendations concerning sewage
				sludge addressed by the "Mid Atlantic Commercial Vegetable Production
				Recommendations, 2022/2023" in the section entitled "Sewage Sludge" or any
				other section, are excluded from the commercial vegetable production
				agricultural management practice. The application of sewage sludge/biosolids to
				soils used for vegetable production is not a recommended agricultural
				management practice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.6 - Commercial tree fruit production agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				authority at
				N.J.A.C.
				1:30-2.2, the State Agriculture Development
				Committee hereby adopts and incorporates by reference the Rutgers Cooperative
				Extension "2021/2022 New Jersey Commercial Tree Fruit Production Guide," as
				amended and supplemented, to be the commercial tree fruit production
				agricultural management practice.
(b) Rutgers Cooperative Extension will update
				its publication as changes in pesticide and chemical labels and restrictions
				warrant.
(c) The "2021/2022 New
				Jersey Commercial Tree Fruit Production Guide" is available on the Rutgers
				Cooperative Extension website at
http://njaes.rutgers.edu/pubs/
.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.7 - Natural resource conservation agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this section is to establish a generally accepted agricultural management practice for the implementation of a farm conservation plan for the conservation and development of soil, water and related natural resources on farmland.
(b) The following terms, as used in this section, shall have the following meanings:
"District" or "Soil Conservation District" (SCD) means a governmental subdivision of this State, organized in accordance with the provisions of 4:24-1 et seq.
"Farm conservation plan" means a site specific plan developed by the landowner and approved by the local soil conservation district which prescribes needed land treatment and related conservation and natural resource management measures including forest management practices that are determined practical and reasonable to conserve, protect and develop natural resources, to maintain and enhance agricultural productivity and to control and prevent nonpoint source pollution.
"United States Department of Agriculture, Natural Resources Conservation Service, (NRCS) Field Office Technical Guide" means a composite of national, regional, State and local data and standards derived primarily from local universities, NRCS and conservation district offices and cooperating conservation agencies which administer natural resource conservation programs.
(c) The implementation of a farm conservation plan on farmland shall be a generally accepted agricultural management practice recommended by the Committee.
1. A farm conservation plan shall be prepared in conformance with the following:
i. United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, incorporated herein by reference, as amended and supplemented; and
ii. Forest management practices shall be in accordance with standards and specifications adopted by the New Jersey Department of Environmental Protection, Bureau of Forest Management where such standards and specifications are not included in the NRCS FOTG.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.8 - Agricultural management practice for on-farm compost operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				authority at
				N.J.A.C.
				1:30-2.2, the State Agriculture Development
				Committee hereby adopts and incorporates by reference the Natural Resource,
				Agriculture, and Engineering Service's "Field Guide to On-Farm Composting,"
				NRAES-114, as amended and supplemented, and the Rutgers Cooperative Extension
				Bulletin E347, "Livestock Mortality and Butcher Waste Composting: Rutgers
				Recommended Practices," as amended and supplemented, as the agricultural
				management practice for on-farm compost operations operating on commercial
				farms, provided that:
1. Biosolids, including
				sludge derived materials, paper sludge, cotton sludge, and solid wastes subject
				to regulation pursuant to N.J.A.C. 7:26 are not part of the compost
				mixture;
2. The finished compost
				product is not distributed or sold to off-farm users, except as set forth at
				N.J.A.C.
				2:76-2B.3(b)3;
3. The production or use of compost on a
				commercial farm shall be in accordance with the requirements of the Water
				Pollution Control Act, N.J.S.A. 58:10-1 et seq., N.J.A.C. 7:26A and 7:14A, and
				this section;
4. Only finished
				compost meeting the product quality criteria at
				N.J.A.C.
				7:26A-4.5(c)  shall be land
				applied to commercial farms;
5. The
				location of compost areas and the land application of compost to commercial
				farms shall be in conjunction with and conformance to a farm conservation plan
				and a comprehensive nutrient management plan prepared by the United States
				Department of Agriculture-Natural Resources Conservation Service or a technical
				service provider and approved by the Soil Conservation District; and
6. When livestock mortality and butcher waste
				are used as part of the compost mixture:
i.
				The livestock mortality and butcher waste shall have been generated on the
				commercial farm; and
ii. The
				on-farm composting activities shall be managed to minimize objectionable odors.
(1) The activities shall be in conjunction
				with and conform to a farm conservation plan that meets the planning criteria
				for odor resource concerns;
(2) As
				measured at the property lines of the commercial farm, odor related to the
				activities shall not be greater than "2--Light" as set forth in the odor
				intensity scale of the Air Pollution Investigation Guidelines published by the
				New Jersey Department of Environmental Protection at 39 N.J.R. 3999(c);
				and
7. The
				recommendations concerning local ordinances in the "Livestock Mortality and
				Butcher Waste Composting: Rutgers Recommended Practices" in the section
				entitled "Best Management Practices: Burial of Normal Mortalities" are excluded
				from this agricultural management practice for on-farm compost operations on
				commercial farms.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.9 - Fencing installation agricultural management practice for wildlife control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				installation of fencing on farmland for protection against wildlife damage
				shall be a generally accepted agricultural management practice recommended by
				the Committee.
1. The installation of fencing
				on farmland for protection against wildlife damage shall be performed in
				accordance with the following:
i. With respect
				to high-tensile woven wire fencing, the Rutgers Cooperative Extension
				publication entitled "High-Tensile Woven Wire Fences for Reducing Wildlife
				Damage," FS 889, which the State Agriculture Development Committee hereby
				adopts and incorporates by reference, as amended and supplemented, pursuant to
				N.J.A.C.
				1:30-2.2. This publication is available on
				the Rutgers Cooperative Extension website at
http://njaes.rutgers.edu/pubs/
;
ii. With respect to electric fencing, the
				Rutgers Cooperative Extension publication entitled "Vertical Seven-Wire Deer
				Control Fence," FS 151, which the State Agriculture Development Committee
				hereby adopts and incorporates by reference, as amended and supplemented,
				pursuant to
				N.J.A.C.
				1:30-2.2. This publication is available from
				the Rutgers Cooperative Extension, Department of Agricultural and Natural
				Resources, 88 Lipman Dr., New Brunswick, NJ 08901;
iii. With respect to portable electric
				fencing, the Rutgers Cooperative Extension publication entitled "Portable
				Electric Fencing for Preventing Wildlife Damage", FS888, which the State
				Agriculture Development Committee hereby adopts and incorporates by reference,
				as amended and supplemented, pursuant to
				N.J.A.C.
				1:30-2.2. This publication is available on
				the State Agriculture Development Committee website at
http://nj.gov/agriculture/sadc
;
				and
iv. The particular fence
				manufacturer's installation instructions and guidelines.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.10 - Agricultural management practice for equine activities on commercial farms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This agricultural management practice sets forth standards for equine operations and activities, with which farm operations must be in compliance to receive the protections of the Right to Farm Act, 4:1C-1 et seq.
(b) As used in this section, the following words and terms shall have the following meanings:
"Drylot" means an area with less than 70 percent vegetative cover used for turnout of horses.
"Stocking rate" means the amount of land area allocated to each horse for a specific period of time.
"Turnout" means the practice of turning horses loose in an area for all or part of the day.
(c) The standards for farm stocking rates are as follows:
1. The following categories of horse management schemes shall constitute the basis for determining the stocking rate for an individual farm, as set forth in (c)2 through 3 below:
i. Pasture regime: Farms that use pasture as a substantial source of nutrition for horses and/or for regular turnout as the horses' primary source of exercise;
ii. Drylot regime: Farms that provide nutrition to horses primarily through purchased or farm-grown feed, and regularly turnout horses on a drylot; and
iii. No regular turnout regime: Farms that provide nutrition to horses solely with purchased or farm-grown feed and that utilize equitation programs for exercise instead of regular turnout.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2A - AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES › Section 2:76-2A.11 - Aquaculture agricultural management practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the authority of 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the manual entitled "Recommended Management Practices for Aquatic Farms," published by Rutgers Cooperative Extension and the New Jersey Department of Agriculture in 2004, with a revision date of March 2004, as the agricultural management practice for aquaculture activities on commercial farms, with the following conditions:
1. If the Board or Committee determines that the publication "Recommended Management Practices for Aquatic Farms" does not completely address an agricultural activity being considered for protection under the Right to Farm Act, 4:1C-1 et seq., the Board or Committee shall decide whether those aspects of the activity not addressed by the publication comply with generally accepted agricultural operations or practices.
i. In making these decisions, the Board or Committee may consult with the Aquaculture Technical Committee, a body consisting of aquaculture professionals with technical expertise, as well as with the other agencies, organizations, and persons specified at 2:76-2.3(d).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2B - SUPPLEMENTAL AGRICULTURAL ACTIVITIES › Section 2:76-2B.1 - Determination basis

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 4:1C-9(i), the supplemental agricultural activities contained in this subchapter are determined to be eligible to receive the protection of the Right to Farm Act, 4:1C-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 2B - SUPPLEMENTAL AGRICULTURAL ACTIVITIES › Section 2:76-2B.2 - Eligibility of pick-your-own operations for Right to Farm protections

Current through Register Vol. 56, No. 14, July 15, 2024
Pick-your-own operations rules are set forth in 2:76-2A.1 3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides for any eligible landowner to voluntarily petition a county agriculture development board or a subregional agricultural retention board for the creation of a farmland preservation program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agreement" means a legally binding written document between the landowner(s), and the board which must be signed by both parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a farmland preservation program.
"Agricultural Development Area" hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of 4:1C-18 and certified by the State Agriculture Development Committee.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Development easement" means an interest in land less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by the provisions of 4:1C-11 et seq., P.L. 1983, C.32 and any relevant rules or regulations promulgated pursuant hereto.
"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.
"Petition" means a formal written document adopted by the board, which an eligible landowner must submit to the board when applying for inclusion in a farmland preservation program.
"Premises" means the property under easement which is defined by the legal metes and bounds description in the Agreement.
"Soil and water conservation project" means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.3 - Petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) One or more owners of land may voluntarily enter into a farmland preservation program provided the following statutory criteria are satisfied:
1. The land must qualify for farmland assessment in accordance with the Farmland Assessment Act of 1964, 54:4-23.1 et seq.;
2. Is located within an ADA;
3. Eligibility criteria established by the board; and
4. Eligibility criteria established by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.4 - Board review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a petition and required documents, the board shall conduct a review to assure compliance with the provisions contained in 2:76-3.3 and approve, conditionally approve or disapprove the petition and so notify the applicant(s).
(b) The board shall conduct an owner of last record search on all lands receiving board approval to verify that the landowner is the true owner of record.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.5 - Agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approval of the petition by the board and creation of the farmland preservation program shall be signified by an agreement between the board and the landowner to retain the land in agricultural production for a minimum period of eight years.
(b) The agreement shall constitute a restrictive covenant and shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed.
(c) Deed restrictions established by the Committee shall be placed on all lands that are to be included in the farmland preservation program. These restrictions shall remain in effect for the length of the agreement unless the land is withdrawn from the program in compliance with provisions contained in 4:1C-30 and N.J.A.C 2:76-3.1 1. Any landowner intending to subdivide the subject lands shall advise the board prior to initiating such action (see N.J.A.C 2:76-3.1 2).
(d) Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.
(e) Eligibility of benefits follows:
1. The land or owner(s) of the land in a farmland preservation program are eligible for the following:
i. To apply, to the board to sell a development easement on the land subject to the provisions of 4:1C-11 et seq., P.L. 1983, c.32;
ii. To apply, or have a farm operator as an agent apply to the local soil conservation district and the board for a grant for a soil and water conservation project as approved by the State Soil Conservation Committee and authorized by the Committee;
iii. To use a farm structure design as an acceptable minimum construction standard to build farm structures based on criteria developed by a land grant college or a recognized organization of agricultural engineers and approved by the Committee. In addition, the use of the approved design shall exempt the owner or operator from any requirement concerning the seal of approval or fee of an architect or professional engineer;
iv. Additional benefits as determined by the board in accordance with the provisions of 4:1C-11 et seq., P.L. 1983, c.32;
v. Additional benefits as may be made available from time to time through amendments to 4:1C-11 et seq., P.L. 1983, c.32 and all other pertinent State, county and municipal laws, rules or policies.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.6 - Certification request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall submit the following to the Committee:
1. A copy of the approved petition;
2. The original copy of the agreement (the board shall retain appropriate copies.);
3. A copy of the tax map and any other documents designated by the board for identifying the boundaries of the proposed program. The board shall certify that the land(s) are in a certified ADA and all other criteria pursuant to 2:76-3.3 have been satisfied;
4. A copy of the owner of last record search; and
5. Any other pertinent information or comments from the board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.7 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
After review and evaluation of the certification request, the committee shall certify, certify with conditions or deny the approval of the farmland preservation program and present its findings to the Secretary of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.8 - Recording of the farmland preservation program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of certification, the board shall retain a copy of the agreement and within ten working days send a copy to the following:
1. The municipal tax assessor;
2. The county clerk for recording in the same manner as a deed;
3. The municipal governing body;
4. The county governing body;
5. The municipal planning board;
6. The county planning board;
7. The soil conservation district; and
8. The landowner.