Monroe Township (Gloucester County), NJ Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- § 175-90, Agriculture, Monroe Township Code
- Legal effect
- Irrebuttable presumption against public or private nuisance
- Practice standards
- NJ Department of Agriculture, Soil Conservation Service, Rutgers
- What defeats it
- Direct threat to public health and safety
- Municipally approved program
- Created under the Agriculture Retention and Development Act
- Livestock building distance
- 50 feet from lot line, 100 feet from street line
Summary
The Township Council of Monroe Township, Gloucester County, protects farms from nuisance claims through an irrebuttable presumption in § 175-90. An agricultural operation, activity or structure that meets the section's Subsection C standards, follows relevant federal and state rules, and poses no direct threat to public health and safety is not a public or private nuisance.
A. It is the express finding and declaration of the Township Council that agricultural activities serve the interest of the citizens of Monroe Township by ensuring numerous social, economic and environmental benefits, and it is, therefore, the express intention of this chapter to establish as the policy of this Township the protection of agricultural operations from nuisance action where recognized methods and techniques of agricultural production are applied. ... (1) In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which conforms to the standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules or regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
Full Breakdown
In § 175-90(A) the Township Council declared that agricultural activities serve the citizens of Monroe Township through social, economic and environmental benefits, and made it township policy to protect agricultural operations from nuisance action where recognized methods and techniques of agricultural production are applied.
Subsection B lists what a landowner using land for agricultural or horticultural purposes can do, in accordance with zoning district regulations: produce crops, trees, forest products, livestock and poultry; package the output; market it wholesale and retail, including building and parking areas built to Township standards; replenish soil nutrients; control pests, predators and diseases; clear woodlands using open-burning and other techniques; and dispose of organic agricultural waste on site.
The protection depends on Subsection C. All agricultural and fish and wildlife management activities must follow the recommended management practices set by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University. In Agricultural Production Districts, where an agency has designated an area as having substandard surface water or groundwater as a direct result of agricultural uses, a Resource Conservation Plan must be prepared by, or reviewed and approved by, the appropriate Soil Conservation District. C(3) adds that the practices developed under Section 5 of the Right to Farm Act (P.L. 1983, c. 31) become the standards once the State Agricultural Development Committee recommends them, to the extent they supersede C(1) and (2).
Subsection D(2) extends the same presumption to operations conducted or located within a municipally approved program, and Subsection F defines that term by reference to the Agriculture Retention and Development Act (P.L. 1983, c. 32), as implemented by the County Agriculture Development Board or a subregional board. Subsection E separately sets building distances, poultry limits and livestock numbers, covered on the chickens and livestock page.
Violations & Fines
Section 175-90 prints no fine of its own. The cost of falling outside it is the loss of the presumption: an operation that misses the Subsection C standards, breaks a relevant federal or state rule, or poses a direct threat to public health and safety gets no irrebuttable protection against nuisance claims, and Subsection B still ties every listed farm activity to the zoning district regulations.
Frequently Asked Questions
Can a neighbor sue a Monroe Township farm for nuisance?
Which farm activities does the Township Council recognize?
What standards must a Monroe Township farm meet to keep the protection?
Does the protection cover a farm inside a municipally approved program?
Sources & Official References
Other rules in Monroe Township (Gloucester County)
Compare Monroe Township (Gloucester County) to another location·View the New Jersey right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.