NJSA 4:1C-26 limits municipal zoning power over commercial farms, preempting unreasonably restrictive agricultural zoning when farms follow recommended practices and meet eligibility criteria.
While municipalities retain general zoning authority under the Municipal Land Use Law, the Right to Farm Act at NJSA 4:1C-26 places significant limits on agricultural zoning. Local ordinances cannot prohibit or unreasonably restrict commercial farm activities, including farm markets, agritourism, equine operations, and processing of products primarily grown on the farm, when the farm complies with state Agricultural Management Practices. Municipalities may regulate aspects unrelated to AMPs, such as building codes for non-agricultural structures. CADBs review whether specific local rules conflict with the Act and may issue site-specific AMP determinations binding on the municipality.
Improperly enforced zoning rules against protected farms can be invalidated by CADBs or SADC, leading to court reversals, injunctions, and potential attorney fee exposure for the municipality.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Bergenfield, NJ
Bergenfield Chapter 277 requires every swimming or bathing pool to be enclosed by a fence meeting Borough minimum standards, with permit applications describ...
Bergenfield, NJ
Bergenfield defines retaining walls and requires a Construction Official permit, plus an NJDEP permit, for any retaining wall within 20 feet of a stream, bro...
Bergenfield, NJ
Bergenfield prohibits barbed wire, spines, chipped glass, and similar devices on any fence or retaining wall, and bans canvas or cloth fence materials within...
Bergenfield, NJ
Bergenfield requires all fences be erected within the owner's property lines, never encroach on public right-of-way, and remain in safe, sound, upright condi...
Bergenfield, NJ
Bergenfield requires a fence permit from the Construction Official, with Zoning Officer approval, for any fence taller than 2 feet 6 inches above grade, plus...
Bergenfield, NJ
Bergenfield restricts fence height across residential lots and limits hedges, fences, or walls in corner sight triangles to 2.5 feet above curb level for tra...
See how Bergenfield's agricultural zoning protection rules stack up against other locations.
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