Howell, NJ Right to Farm: Agricultural Zoning Protection (2026)

Chapter 244 of the Howell Township Code, amended 3-4-2025 by Ord. No. 25-06, recognizes the right to farm as a natural right. Section 244-1(A) covers irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers, chemical fertilizers, insecticides and herbicides, composting and on-site disposal of organic waste, horses, cows and other grazing livestock, fowl production and swine under Board of Health regulations. Farm stands, farm markets, fences and parking areas must conform to Township codes, while livestock fencing needs no permits or fees. Under § 244-1(B), reasonable and necessary activity conducted under accepted farming practices can occur on holidays, Sundays, weekdays, at night and in the day.

Buyer notice and buffers: § 244-2(A) requires a developer or landowner within 1,500 feet in any direction of a property in active farm use to tell prospective purchasers. A development next to an active farm must erect and maintain a buffer zone of at least 50 feet on its own property. The Planning Board requires a record notice and waiver in every contract and deed for adjacent subdivisions. Section 244-4 lets active farmers build barns, storage buildings and equipment buildings under the Township Building Codes.

Zoning: in the ARE-1, ARE-3, ARE-4 and ARE-6 Zones, § 188-69(B)(1) lists agricultural and horticulture as the first principal use, ahead of single-family residences, and § 188-69.1 covers ARE-2. Maximum density per gross acre is 0.33 unit in ARE-3, 0.25 unit in ARE-4 and 0.167 unit in ARE-6. Farmland preservation parcels need at least 15 contiguous acres. In R-2, R-3 and R-25, agriculture and horticulture is permitted, but buildings housing livestock must sit at least 75 feet from all property lines.

Farm events: § 188-64.1 permits small-scale events up to and including 50 guests, or 80 on preserved farms over 20 acres, and strictly prohibits fireworks there.