Toms River, NJ Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Farm building setback
- 100 feet from property lines
- Produce stand setback
- 40 feet from street line
- Zones allowed
- Any zone district
- Livestock/poultry farms
- Not covered by this section
Summary
Toms River Township permits crop farms in any zoning district, but farm buildings must sit back at least 100 feet from property lines and produce stands at least 40 feet from the street.
Farms for raising crops, hay, sod, trees, plants and fruit, but not livestock or poultry, shall be permitted in any zone district, provided that all buildings and structures utilized for farm purposes are set back at least 100 feet from all property lines, or in accordance with the setback requirements of the zone if such requirements are greater, and provided that roadside stands for the sale of products raised on the farm shall not be located closer than 40 feet to any street line.[1] [Amended 9-25-1991 by Ord. No. 2859-91] [1] Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. The raising of vegetables and fruits for personal use, but not for sale, shall be permitted on any lot in any zone.
§ 348-5.25.1. Right to farm. [Added 10-13-1998 by Ord. No. 3372-98]
A.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).
Full Breakdown
Under Toms River Township Code § 348-5.25, farms raising crops, hay, sod, trees, plants, and fruit (not livestock or poultry) are a permitted use in every zone district. Farm buildings and structures must be set back at least 100 feet from all property lines, or further if the zone's own setback is greater, and roadside produce stands must stand at least 40 feet from any street line. Growing vegetables and fruit for personal, non-sale use is allowed on any lot in any zone with no setback trigger.
Violations & Fines
Zoning enforcement can require relocation or removal of a noncompliant farm structure or produce stand; a variance from the Zoning Board is needed to waive the 100-foot or 40-foot setback.
Frequently Asked Questions
Can I run a crop farm anywhere in Toms River Township?
Do I need a permit to sell produce from a roadside stand?
Sources & Official References
Other rules in Toms River
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Agricultural Zoning Protection in Nearby Cities
How other cities in this county handle agricultural zoning protection.