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.
Edison, NJ
Edison requires every swimming pool to be enclosed by a fence at least 4 feet high with a self-closing, self-latching, lockable gate. Woven-mesh openings may...
Edison, NJ
Chapter 37 prohibits any fence made of materials dangerous to persons or animals - barbed wire, electrified wire, and razor wire are not permitted in residen...
Edison, NJ
Edison's Chapter 37 requires fences to be built entirely on the owner's property - no joint or boundary-straddling fences are authorized in code. Boundary an...
Edison, NJ
A zoning permit from the Edison Zoning Officer is required for any fence under Chapter 37. The application must include a current survey or plot plan showing...
Edison, NJ
Edison's Chapter 37 (Zoning) caps residential fences at 4 ft in the front yard and 6 ft overall. Up to 8 ft is allowed along a rear lot line bordering a non-...
Edison, NJ
Edison Township does not publish a specific numerical household pet limit in its general Code. Multi-animal keeping is governed instead by the general sanita...
See how Edison's agricultural zoning protection rules stack up against other locations.
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