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.
Paramus, NJ
Paramus requires in-ground pool barriers at least 4 feet high with self-closing, self-latching gates that swing outward away from the pool and prevent access...
Paramus, NJ
Paramus regulates retaining walls by exposed height: walls under 4 feet need a zoning permit, while 4-foot and taller walls require a construction permit wit...
Paramus, NJ
Paramus requires a zoning permit before installing or replacing a fence. Applications go through the Building Department at 1 Jockish Square and must show fe...
Paramus, NJ
Paramus limits residential fences to 6 feet in rear and side yards, while front yard fences within the 35-foot setback may not exceed 3 feet whether solid or...
Paramus, NJ
Fireworks in Paramus are governed primarily by New Jersey state law: N.J.S.A. 21:3-1 et seq. (Explosives and Fireworks Act) and N.J.S.A. 21:2-1 et seq., as a...
Paramus, NJ
Paramus has no STR-specific parking rule because short-term rentals are prohibited entirely under Chapter 322 Article II of the Borough Code. Any guest vehic...
See how Paramus's agricultural zoning protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.