Jackson, NJ Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- § 244-176, adopted 7-10-1995 (Ord. 26-95)
- Buffer required near farms
- 50 feet for qualifying new development
- Disclosure trigger
- 10+ homes within 500 feet of active farm
- Livestock fencing permit fee
- $0, permit required, no fee
- Protected hours
- Day, night, weekends and holidays
Summary
Jackson Township Code § 244-176 recognizes the right to farm as a natural right and a permitted use in every zone where farming already legally exists, protecting the usual farm noise, odors, dust and fumes at any hour, including nights, weekends and holidays. Adopted July 10, 1995 by Ordinance No. 26-95 and amended December 11, 1995 by Ordinance No. 38-95, it shields active Jackson Township farms from nuisance complaints tied to ordinary agricultural operations.
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 in all zones ... dealing with health, sanitation and environmental protection. ... C. ... the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right. ... ... E. If a developer plans to build or sell 10 or more homes ... within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. ... the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development.
Full Breakdown
Section 244-176 defines COMMERCIAL AGRICULTURE as production principally for sale of crops, dairy, livestock, poultry, bees and nursery or floral products, and FARM as any single or multiple parcel actively devoted to agricultural or horticultural use, including cropland, pasture, farm ponds and farm roads. Protected activities include irrigation pumps, aerial and ground spraying, tractors, chemical fertilizers, insecticides and herbicides, composting and on-site organic waste disposal, and keeping horses, cows, other grazing livestock, fowl and swine consistent with Board of Health regulations. Livestock fencing tied to an active farm use needs a permit but no fee, and farmers may erect barns, storage buildings and equipment buildings related to the operation if built to Township building codes.
Where a developer proposes 10 or more homes or a multifamily subdivision within 500 feet of an active or farm-zoned property, § 244-176(E) requires written disclosure to purchasers that they are near an active farm subject to usual noise, odor, dust and fumes, and requires the developer to erect and maintain at least a 50-foot buffer protecting both the existing farm and the new homes, with attention to drainage so development does not cause flooding on farmland. The ordinance states these protections are meant to guide interpretation of all other Township ordinances in favor of continued farming.
Violations & Fines
Section 244-176 sets no fine for farmers; it bars nuisance findings against qualifying agricultural noise, odor, dust and fumes rather than creating an offense. The enforceable duty runs the other way: a developer who skips the written farm disclosure or fails to install the 50-foot buffer before building 10 or more homes within 500 feet of an active farm has not met § 244-176(E), a defect the Planning Board can require to be cured before granting subdivision or site plan approval.
Frequently Asked Questions
Can I complain about noise or smells from a Jackson Township farm?
Does a Jackson Township farmer need a permit to fence livestock?
What must a developer disclose near an active Jackson Township farm?
Sources & Official References
Other rules in Jackson
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Farm Nuisance Protection in Nearby Cities
How other cities in this county handle farm nuisance protection.