East Brunswick, NJ Right to Farm: Farm Nuisance Protection (2026)

Section 99-1 states the Township's position: the Township of East Brunswick recognizes the right to farm, subject to the provisions of the Zoning Ordinance and to the restrictions in all health and sanitary codes of the Federal Government, the State of New Jersey, the County of Middlesex and the Township. The right is a recognition, not an exemption from those codes.

Section 99-2 defines what the right includes: large irrigation pumps and equipment, serial and ground seeding and spraying, large tractors, numerous farm laborers, and chemical fertilizers and products for the control and elimination of insects, pests, weeds, fungus and other substances injurious to the farming process. The products it names include vegetables, grains, hay, fruits, fibers, potatoes, wood, trees, plants, shrubs, flowers and seeds. The right also covers using land for grazing by animals, subject to the restrictions elsewhere in the Code for raising livestock.

Section 99-3 is the nuisance protection. Uses and activities permitted in the Rural Preservation Zone, when reasonable and necessary for the particular farming, livestock or fowl production, and conducted in accordance with accepted agricultural practices as determined and promulgated by the Rutgers University School of Agriculture, can occur on holidays, Sundays and weekdays. The odors, dust and fumes caused by the farming activities are specifically permitted as part of the exercise of the right to farm in the Rural Preservation Zone.

Section 99-4 records an express finding: whatever temporary inconveniences are caused to others are more than offset by the benefits of farming to the neighborhood, the community and society, through the preservation and continuance of farming operations in East Brunswick Township and in New Jersey. The chapter was adopted 2-27-89 as Ord. No. 89-997, and § 99-1 was amended 3-27-89 by Ord. No. 89-6.