Freehold Township, NJ Right to Farm: Farm Nuisance Protection (2026)

Chapter 265, Right to Farm, adopted by Ord. No. O-81-4 and last amended in 2020 by Ord. No. A. 4:1C-1 et seq. Section 265-1 states that, notwithstanding any land use ordinance to the contrary, the right to farm all land is recognized as a natural right and a permitted use everywhere in the Township, subject only to the Township's Health and Sanitary Codes. The right expressly covers irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm labor, and the application of chemical fertilizers, insecticides and herbicides, along with other mechanized equipment and modern procedures, all directed at producing vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, or propagating and maintaining horses, cows and other grazing stock, and any other activity the state Right to Farm Act and its regulations cover.

Section 265-2 is a statement of general intent: when farming, livestock or fowl production activities are reasonable, necessary and conducted according to generally accepted agricultural practices, they may occur any day or night, including holidays and Sundays, and the reasonable noise, odors, dust and fumes they generate are specifically permitted as part of the right, on the finding that any resulting legal nuisance to neighbors is outweighed by farming's benefit to the community through preserved open space, countryside and clean air. The chapter directs that all other Township ordinances be interpreted consistent with this stated philosophy, and it cross-references Chapter 190, Land Use, since it operates as an override of otherwise-applicable zoning restrictions.