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.
Brick, NJ
Brick Township prohibits owning, keeping, or harboring any animal that, by frequent or habitual howling, barking, meowing, squawking, or other noisemaking, c...
Brick, NJ
Brick Township prohibits commercial construction, repair, alteration, and demolition work in residential or commercial zones between 6:00 PM and 7:00 AM. Con...
Brick, NJ
Brick Township declares excessive noise a serious hazard to public health. The noise ordinance prohibits construction and commercial activities in residentia...
Brick, NJ
Brick Township prohibits parking on front lawns under Section 267-8. All vehicles must be parked on designated hard surfaces. Driveways must comply with the ...
Brick, NJ
Brick Township prohibits trailers, semitrailers, and truck tractors from being stored on residential zone properties (R-R through R-M). Recreational vehicles...
Brick, NJ
Brick Township does not have a township-wide overnight street parking ban, making its rules relatively tame compared to many NJ municipalities. Specific stre...
See how Brick's agricultural zoning protection rules stack up against other locations.
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