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Howell, NJ Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Status of farming
Permitted use everywhere in Howell Township, § 244-1A
Buyer notice radius
1,500 feet of an active farm use
Buffer next to farms
At least 50 feet on the developer's property
Direct marketing hours
6:00 a.m. to 10:00 p.m.
Event permit fee
$50
Complaint review
Farmer's Advisory Committee within 30 days

Summary

Howell Township Code § 244-1 recognizes the right to farm all land as a natural right and a permitted use everywhere in the Township, subject to area and bulk requirements and health, sanitation and environmental ordinances. The noise, odors, dust and fumes of reasonable, accepted farming are expressly permitted, day or night.

A. The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use everywhere in the Township of Howell, subject only to area and bulk requirements (as per the Schedule of Bulk, Dimensional, Height and Related Requirements for the Zones in Chapter 188, Land Use) and to ordinances of the Township, county and State dealing with health, sanitation and environmental protection. ... B. The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production, and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays, and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.

Full Breakdown

Chapter 244 of the Howell Township Code opens with a sweeping finding. Section 244-1A ordains farming as a permitted use everywhere in the Township, subject only to the area and bulk requirements in Chapter 188, Land Use, and to Township, county and State ordinances on health, sanitation and environmental protection. The protected practices include irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers, chemical fertilizers, insecticides and herbicides, composting and on-site disposal of organic waste. Horses, cows and other grazing livestock, fowl production and swine (under Board of Health regulations) are covered, along with farm stands and farm markets, fences and parking areas that conform to Township codes. Livestock fencing needs no permits and fees. Section 244-1B allows reasonable and necessary activities on holidays, Sundays and weekdays, at night and in the day.

Neighbors get notice rather than a veto. Under § 244-2A a developer or landowner building or selling a dwelling within 1,500 feet in any direction of an active farm must tell prospective purchasers, and a development next to active farm use must erect and maintain a buffer zone of at least 50 feet on its own property. The Planning Board requires a recorded notice and waiver in every contract and deed for adjacent subdivisions, and § 244-3 bars any structure, activity, storage of materials or parking of vehicles in the buffer. Section 244-4 allows barns, storage buildings and equipment buildings related to farming if built under Township Building Codes.

Article II, adopted 3-4-2025, covers on-farm direct marketing for a designated QFarm or a commercial farm recognized by the State Agriculture Development Committee or the County Agricultural Development Board. Activities run from 6:00 a.m. to 10:00 p.m., Chapter 208 Noise applies, the primary farm business sign tops out at 32 square feet, and crop mazes and bonfires need Howell Township Fire Bureau approval. Complaints go to the Farmer's Advisory Committee, which hears them within 30 days.

Violations & Fines

Neither article of Chapter 244 prints a fine schedule, so enforcement runs through conditions. A subdivision next to farmland carries the recorded notice and waiver in each contract and deed, and the 50 foot buffer must stay free of structures, activity, storage and parking. On-farm events under N.J.A.C. 2:76-2A.13(n) need a $50 Township permit. Haunted houses, farm-related special events and schools need Zoning Board or County Agricultural Development Board approval.

Frequently Asked Questions

Can a neighbor stop a Howell farm from running at night?
Section 244-1B permits reasonable and necessary farming activities, conducted under accepted agricultural practices, on holidays, Sundays, weekdays, at night and in the day, including the noise, odors, dust and fumes they cause. On-farm direct marketing is different: § 244-6D keeps complaints open and sends them to the Farmer's Advisory Committee for non-binding mediation.
What notice must a seller give near a Howell farm?
Section 244-2A requires a developer or landowner building or selling a dwelling within 1,500 feet in any direction of a property in active farm use to tell prospective purchasers they are next to an active farm. A development erected next to an active farm use must also erect and maintain a buffer zone of at least 50 feet on the developer's property.
What hours apply to on-farm direct marketing in Howell?
Section 244-6B(2) limits on-farm direct marketing to 6:00 a.m. to 10:00 p.m., and Chapter 208 Noise applies. Crop mazes and bonfires need Howell Township Fire Bureau approval. An event under N.J.A.C. 2:76-2A.13(n) needs an event management plan and a Township permit, filed with the Department of Community Development - Land Use, at a fee of $50.
Do farm buildings need permits in Howell Township?
Section 244-4 lets residents in active farming build barns, storage buildings and equipment buildings directly related to the farm, erected in accordance with Township Building Codes. Under § 244-6B(4), new or expanded permanent structures used for direct marketing must meet the minimum principal structure setbacks for their zone, and land use and Uniform Construction Code permits are required. Livestock fencing needs no permits or fees under § 244-1A.

Sources & Official References

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