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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Wayne Township Code § 134-29.1
Chickens and other livestock
Two acres or more
Hogs
50 acres or more, no more than 12
Commercial greenhouses
Two acres or more, 200 feet from any property line
Farm stand setback
75 feet from street center line or 50 feet from street line
Fowl coop size
Not to exceed 100 square feet (§ 134-62.1L)

Summary

In Wayne Township, New Jersey, agriculture, including farm markets and commercial farms, is permitted in all zones under § 134-29.1, but animals and greenhouses carry hard limits: chickens, other livestock and commercial greenhouses need two acres or more, and hogs need 50 acres or more. Farm stands must sit well back from the street.

§ 134-29.1. Agricultural uses. Agriculture, including farm markets and commercial farms, shall be permitted in all zones, in accordance with the following requirements and limitations: A. Any form of agriculture or horticulture except: ... (2) The keeping of chickens or other fowl, unless on property of two acres or more and provided that for a number up to 25 they are kept in a building or yard no part of which is closer than 20 feet to a dwelling on the same plot nor less than 50 feet from either side or rear property line and 200 feet from the front yard property line ... (3) The keeping of other farm livestock of any kind and in any number unless on a property of two acres or more and in a building no part of which is closer than 20 feet to any dwelling on the same plot nor within 200 feet of any property line. (4) Commercial greenhouses, unless on a property of two acres or more and placed 200 feet from any property line.

Full Breakdown

Wayne Township Code § 134-29.1 allows agriculture in every zone, then lists what is carved out. Any form of agriculture or horticulture is allowed except the items below.

Hogs: only as part of a general farming operation on 50 acres or more, with no more than 12 hogs excluding litters until the litters reach three months. Hogs and their yard or building stay 500 feet from any property line and 200 feet from any dwelling on the same property.

Chickens and other fowl: two acres or more. Up to 25 birds must be kept in a building or yard no closer than 20 feet to a dwelling on the same plot, 50 feet from either side or rear property line and 200 feet from the front yard property line. Beyond 25 birds, the building cannot exceed two stories, and neither building nor yard can be closer than 50 feet to a dwelling on the same plot or within 200 feet of any property line. Homing pigeons are declared not to be fowl.

Other farm livestock: two acres or more, in a building no closer than 20 feet to a dwelling on the same plot and not within 200 feet of any property line. Commercial greenhouses: two acres or more, placed 200 feet from any property line.

Added in 2004 by Ord. No. 67-2004, the section also excludes storage of landscaping or earthmoving equipment, contractor's or landscaper's yards, storage of mulch, fertilizer, topsoil or feed beyond what the farm itself needs, and retail or wholesale sales of anything other than plants or animals raised or grown on the premises. Farm products can be sold where produced, from stands that conform to the Building Code Ordinance and sit no closer than 75 feet to the center line of a street or 50 feet to a street line, whichever is greater. Extended day camp use is not allowed. Coops are also capped in § 134-62.1: fowl coops at 100 square feet, and pigeon coops at 800 square feet and only on lots of ½ acre or more.

Violations & Fines

Section 134-29.1 prints no penalty of its own, so § 134-122 applies to violations of Chapter 134: a fine not exceeding $1,250, plus up to 90 days of imprisonment for a natural person. Each day beyond a ten day period after written notice from the Construction Official or the Zoning Officer is a separate offense, and § 134-121 lets the Township sue to enjoin an unlawful use.

Frequently Asked Questions

Can I keep chickens on a residential lot in Wayne Township?
Only on property of two acres or more. Up to 25 birds must be housed in a building or yard at least 20 feet from a dwelling on the same plot, 50 feet from side and rear property lines and 200 feet from the front yard property line. Coops are capped at 100 square feet under § 134-62.1L, and a movable coop's locations must appear on the zoning permit application.
Are hogs allowed?
Only as part of a general farming operation on property of 50 acres or more, and the number cannot exceed 12, excluding litters until they reach three months of age. The hogs and the yard or building where they are kept must be 500 feet from any property line and 200 feet from any dwelling on the same property.
Can I sell produce from a stand on my farm?
Yes, for farm products on the property where they are produced. The stand has to conform to the Building Code Ordinance of the Township and cannot sit closer to the center line of a street than 75 feet or closer to a street line than 50 feet, whichever is greater. Retail or wholesale sales of other goods are excluded.
Can a farm store landscaping equipment or mulch?
Not beyond the farm's own needs. Section 134-29.1.A excludes storage of landscaping or earthmoving equipment used for anything other than the agricultural and horticultural operations of the property, and it excludes storing mulch, fertilizer, topsoil or animal feed beyond what the property's own operations need. A contractor's or landscaper's yard is also excluded.

Sources & Official References

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